PERMFILE61701

• Permit No: M2004042
• IBM Index Class Name: Permit File
• Doc Date: 8/16/2004
• Doc Name: FW and PW Request
• From: DMG
• To: Whinnery Construction Co. LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
PERFORMANCE WARRANTY
Permittee: Whinnery Construction Co. LLC
Operation: Porco Pit
Permit No: M-2004-042
KNOW ALL MEN BY THESE PRESENTS, THAT:
COLORADO
DIVISION O F
MINERALS
GEOLOGY
0.EC LA MATION•MINING
SAFETY•SCIEN CE
Bll DWen3
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
WHEREAS, the Colorado Mined Land Reclamation Act, C.RS. 34-32-101 et ~. (the "Act"), as
amended, and the Colorado Land Reclamation Act for the Extraction of Constmction Materials,
C.R S. 34-32.5-101 et seg. (the "Act"), as amended, provides that no permit maybe issued under the Act urrtil the
Mlned Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written
promise to comply with all applicable requlrements of the Act.
WHEREAS, Whinnery Construction Co. LLC (the "Permittee"), has applied for a permit to conduct a
mining operation known as Porco Pit (the "Operation") on certain lands in Conejos County, Colorado. These
lands are described in the permit application, as amended and supplemented, and are 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 determined, in accordance with the Act, that the estimated costs of reclamation
with regard to those affected lands in Conejos County which are now or may become subject to the permit are
those amounts for the stated periods of time as set forth in the financial warranty, which maybe amended from
time to time to reflect revised estimates of said costs of reclamation.
WI~REAS, the Permittee hereby gives the Boazd 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 regard to those Affected Lands.
Office of O(fice of Colorado
Mined Land Reclamation Acrive and Inactive Mines Geological Survey