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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman $t., Room 215 Denver, Colorado 80203 D I V I S I O N O F Phone: (303) 866-3567 _ - 1~'t I N E RA L $ FAX: (303) 832-8106 & GEOLOGY PERFORMANCE WARRANTY R E C L A M A T I O N MI NING~SAFETY Rill Owens Permittee: Rio Blanco County c°ver"°r Greg E Walther Ezecutive Director Operation: Quinn Draw Gravel Pit Michael R. Long Division Director Permit No: M-2002-049 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sue. (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 maybe issued under the Act until the Mined Land Reclamation Board (the "Boazd") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Rio Blanco County (the "Permittee"), has applied for a pemut to conduct a mining operation known as Quinn Draw Gravel Pit (the "Operation") on certain lands in Rio Blanco County, Colorado. These lands aze 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 Boazd has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Rio Blanco County which are now or may become subject to the permit aze 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 regard to those Affected Lands. NOW, THEREFORE, the Permittee hereby promises the Boazd that it will comply with all applicable requirements of the Act and rules and regulations of the Soazd with respect to the Affected Lands.