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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman SL, Room 215 Denver, Colorado 80203 ~ D 1 v i 5 I o N O r Phone: (303) 8663567 MINERAL S FAX: (303) 832-8106 & GEOLOGY PERFORMANCE WARRANTY I MINING saF °Nr Permittee: Moffat County Bill Owens Covemor Greg E. Walther &ecutive Director Operation: Sunbeam Pit # 1 Ronald w. cottony Acting Division Director Permit No: M-2002-059 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seg. {the "Act"), as amended, provides that no permit may be issued under the Act 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, Moffat County (the "Permittee'"), has applied for a permit to conduct a mining operation known as Sunbeam Pit #1 (the "Operation") on certain lands in Moffat County, Colorado. These lands are described in the permit application, as amended and supplemented, and aze referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Boazd, as amended from time to time. WHEREAS, the Board has de[ertnined, in accordance with the Act, that the estimated costs of reclamation with regazd to those affected lands in Moffat County which aze now of may become subject Yo 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 Permittee hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regazd to those Affected Lands. NOW, THEREFORE, the Pernuttee hereby promises the Board that it will comply with all applicable requirements of the Act and rotes and regulations of the Boazd with respect to the Affected Lands.