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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Departmem of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 D I V I S I O N D F <br />Phone (7071 866-3557 MINERAL S <br />FA\:(307183?-8106 PERFORMANCE WARRANTY & <br />GEOLOGY <br />Construction Material Operation R E C L A M A T I O N <br />MINING•SAFETY <br />Bill Owens <br />Operator: William J. Phillips and J.R. Phillips dba Hardscrabble, LLC governor <br />Greg E. Walther <br />Executive Director <br />Operation: Phillips Ranch Propetty Gravel Pit lk2 <br />Michael B. Long <br />Drvmon Direclar <br />Permit No: M-2000-046 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32.5-1O1 et semi . (the <br />"Act"), as amended, provides that no permit may be issued under [he Act until the Mined Land <br />Reclamation Board (the "Board") receives a performance warranty (or warranties) [ha[ is a written promise <br />to comply with all applicable requirements of the Act. <br />WHEREAS, William J. Phillips and J.R. Phillips dba Hardscrabble, LLC (the "Permittee"), <br />has applied for a permit to conduct a mining operation known as Phillips Ranch Property Gravel Pit kl2 (the <br />"Operation") on certain lands in Fremont County, Colorado. These lands are described in the permit <br />application, as amended and supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, [he Permittee has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from time to <br />time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs <br />of reclamation with regard to those affected lands in Fremont County which are now or may become <br />subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, <br />which may be amended from time to time [o reflect revised estimates of said costs of reclamation. <br />WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to <br />Section 34-32.5-I 17 of the Act, and herein promises the Board that it will comply with all applicable <br />requirements of [he Act, and the Rules and Regulations as may be amended, with regard to those Affected <br />Lands. <br />NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all <br />applicable requirements of the Act and rules and regulations of the Board with respect to the Affected <br />Lands. <br />FURTHER, [he Permittee hereby promises the Board that it will comply with all of the terms of the <br />application for a permit. as amended and supplemented, as well as any conditions attached to the permit by <br />the Board. <br />