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J STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmem of Natural Resources I ] I J Sherman 51., Room 21 S Denver, Colorado 8020] Phone: t3UJ1 flb6-356: FAX: 13UJI 81'_-8106 PERFORMANCE WARRANTY Construction Material Operation Opzrator: Johnson Excavation, Inc. Operation: Tellier Gravel Pit Permit No: M-98-058 KNOW ALL MEN BY THESE PRESENTS, THAT: ~~~ DEPARTMENT OF NATURAL RESOURCES Hnv Rnmrr Governor tame.5 Lot hheail E recw ne Du~uor huchael B Long Diruion Dvraor WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32.5-101 et seg. (the "Act"), as amended, provides that no permit may be issued under [he 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, Johnson Excavation, Inc. (the "Permittee"), has applied for a permit to conduct a mining operation known as Tellier Gravel Pit (the "Operation") on czrtain lands in Rout[ 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 Board, as amended from time tc time. WHEREAS, [he Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Routt 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 may be amended from time to time to reFlec[ revised estimates of said costs of reclamation. WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to Section 34-32.5-117 of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act, and the Rules and Regulations as may be amended, with regard to those Affected Lands. NOW, THEREFORE, the Permittee hereby promises the Board that i[ will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Permittee hereby promises the Board that it will comply with all of thz terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board.