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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Departrnent of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866.3567 <br />FAX: (303) 832-8106 <br />PERFORMANCE WARRANTY <br />Operator: Moffat County <br />Operation: Powderwash Pit No. 66 <br />Permit No: M-2005-006 <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />EECLANATION•NINING <br />SAEETY•SGIENCF <br />Bill Owens <br />Govemos <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Nazural Resource Trustee <br />T kis form has been approved by theMined Land Reclamation Boardpursuant to sections 34-32-117, GRS, <br />of the Wined Land Reclamation Act and 34-32.5-117, CRS, of the Colorado Land Reclamation Act for the <br />Fxtractton of Consduction Materials. Any alteration or modification of this form, without approval by the <br />Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in <br />conjunction with such invalidf:nancial warranty and sub,%eet the operator to cease and desist orders and civil <br />penalties for operating without a permit pursuant to sections 34-32-123, GRS, of the Mined Land <br />Reclamation Act and 34-32.5-123, GRS, of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. <br />KNOW ALL MEN BY THE5E PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.RS. 34-32-101 et seq. (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 seq. (the "Act"), as amended, provides that no permit may be issued under the Act until the <br />IvTmed Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written <br />promise to comply with all applicable requirements of the Act. <br />WHEREAS, Moffat County (the "Operator"), has applied for a permit to conduct a mining operation <br />known as Powderwash Pit No. 66 (the "Operation") on certain lands in Moffat County, Colorado. These lands <br />are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected <br />Lands". <br />WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of <br />the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs ofreclamation <br />with regard to those affected lands in Moffat County which are now or may become subject to the permit are <br />those amounts for the stated periods of time as set forth in the financial warranty, which maybe amended from <br />time to time to reflect revised estimates of said costs of reclamation. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />