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i • • STATE OF COLORADO MINED LAND RECLAMATION DIVISION p F' ~O~ Department of Natural Resources _ \ e~ 7373 Snerman SL. Room 275 p Denver CO 80203 ~ ~ ~f' 303 a~i 6-3567 ~ •~ ~ /6'16 Fa X. 303 8328706 Rv. Rnre~. Gorro Fre" F. Banta Dmvon Dveho~ PERFORMANCE WARRANTY Operator: Fremont County Operation: Quagmire Creek Pit Permit: No: M-90-047 KNOW JILL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32-101 et seq. (the "Act"), as amended, provides that no permit may be issued under fiFie'~Kc:t until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Fremont County (the "Op conduct a mining operation known as lands in Fremont County, Colorado. These application, as amended and supplemented, "Affected Lands". era for"), has applied fora permit to (the "Operation") on certain lands are described in the permit and are referred to herein as the WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Fremont County which are now or may became subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application fora permit, as amended and supplemented, as well as any conditions attached to the permit by the Board.