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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />DIVISION O F <br />Denver, Colorado 80203 MINERAL S <br />Phone: (303) 866-3567 & <br />fAx: (303) 832-8106 <br /> GEOLOGY <br /> PERFORMANCE WARRANTY R E C L A M A T I O N <br />MINING•SAFETY <br /> Bill Owens <br /> Governor <br />Permittee: American Concrete and Gravel <br />LLC <br /> , Greg E. walcner <br /> Executive Director <br />Operation: Sea Horse Ranch West Grave Pit Michael B. Lang <br /> Division Director <br />Permit No: M-2001-113 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sec . {the "Act"), as <br />amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />C.R.S. 34-32.5-101 et ss~. (the "Act"), as amended, provides that no permit maybe issued under the Act until <br />the Mined Land Reclamation Boazd (the "Boazd") receives a performance warranty (or warranties) that is a <br />written promise to comply with all applicable requirements of the Act. <br />WHEREAS, American Concrete and Gravel, LLC (the "Permittee"), has applied for a permit to <br />conduct a mining operation known as Sea Horse Ranch West Grave Pit (the "Operation") on certain lands in <br />Gunnison County, Colorado. These lands aze described in the permit application, as amended and <br />supplemented, and aze referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements <br />of the Act and all applicable rules and regulations of the Boazd, as amended from time to time. <br />WHEREAS,, the Boazd has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regazd to those affected lands in Gunnison County which aze now or may become subject to <br />the pemtit aze those amounts for the stated periods of time as set forth in the financial warranty, which may <br />be amended from time to time to reflect revised estimates of said costs of reclamation. <br />WHEREAS, the Permittee hereby gives the Boazd a performance warranty pursuant to <br />Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply <br />with all applicable requirements of the Act with regazd to those Affected Lands. <br />