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~ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanment of Natural Resources 1313 Sherman 51., Room 2i5 Denver, Colorado 80203 Phone (303) a6o-3667 FAX: (303) a32-8106 UIVISiON OF MINERALS -~- GEOLOGY 5-; swn gilON ~irv ING•SwiETY ell Owens Cooernar Grey E `/~alcher PERFORMANCE WARRANTY E.ecudve D~reaor rnlchael a. Long Dlrenpr Operator: Operation. Pertttit No: TINOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 ~ SSQ. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.RS. 34-32.5-]O1 gt es~q, . (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with atl applicable requirements of the Act. WHEREAS, (the "Operator"), has applied for a permit to conduct a mining operation known as (the ".Operation") on certain lands in 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 Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in 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 reflect revised estimates of said costs of reclamation.