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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1373 Sherman S[., Room 215 <br />Denver, Colorado 80203 C O L O R A D O <br /> <br />Phone: (303) 8664567 DIVISION OF <br />RECLAMATION <br />KAx: (303) e3z-Br o6 M [ N I NG <br /> -&- <br /> SAF ETY <br />Bill Ritter, Jr. <br />Governor <br />PERFORMANCE WARRANTY Hartis D. Sherman <br />Executive DIrLY7or <br />Ronald W. Cottony <br />Division DlreCtOr <br />Natural Resource Trustee <br />Permittee: Granby Rea ty Holdings, LLC <br />Operation: Overlook Mine <br />Permit No: M-2006-075 <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., <br />of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials. Any alteration or modification of this form, without approval by the <br />Board shall result in the f nancia[ warranty being invalid and result in the voiding of any permit issued in <br />conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil <br />penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land <br />Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg. (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 seg. (the "Act"), as amended, provides that no permit may be issued under the Act until the <br />Mined Land Reclamation Boazd (the "Board") receives a performance warranty (or warranties) that is a written <br />promise to comply with all applicable requirements ofthe Act. <br />WHEREAS, Granby Realty Holdings, LLC (the "Permittee"), has applied for a permit to conduct a mining <br />operation known as Overlook Mine (the "Operation"} on certain lands in Grand County, Colorado. These lands <br />aze 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 Permittee has agreed to be bound by atl 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 of <br />reclamation with regard to those affected lands in Grand County which are now or may become subject to the <br />permit aze those amounts for the stated periods of time as set forth in the financial warranty, which may be <br />amended from time to time to reflect revised estimates of said costs of reclamation. <br />Once of Office of <br />Mined Land Rxlamation Denver • Grand )unRion Durango Active and Inactive Mines <br />