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~, J <br />_ _ STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51.. RWm Z I $ <br />Denver, Colorado 80203 <br />Phone: (3031866-3567 <br />FAX:(3031832-8106 <br />C~ <br />,, ~i <br />•. ~eola 1 ~5 ~i <br />{:... - ~, <br />by-• ~ <br />RECEIVED I~ r <br />DEPAR-I'MEN1' r` <br />DEC Q 9 1996 NATURE)` <br />RESOURCE <br />Roy Romer <br />Division of Nunerais & Geology governor <br />James $. Lochhead <br />PERFORMANCE WARRANTY e.ecv~lve Dlrectrrr <br />Michael B. Long <br />Division Director <br />Operator: JoxN SCtIMAHL <br />Operation: J & M sc~AxL <br />Permit No: M-84-001 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, <br />34-32-101 et sec. lthe "Act"), as amended, provides that no permit may be <br />issued under the Act until the Mined Land Reclamation Board <the "Board"> <br />receives a performance warranty (or warranties) that is a written promise to <br />comply with all applicable requirements of the Act. <br />WHEREAS, JOHN SCHMAHL (the "Operator"), has <br />applied for a permit to conduct a mining operation known as J & M SCHMAHL <br /><the "Operation") on certain lands in MESA <br />County, Colorado. These lands are described in the permit application, as <br />amended and supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Operator has agreed <br />to be bound by all requirements of the Act and all applicable rules and <br />regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that <br />the estimated costs of reclamation with regard to those affected lands <br />in MESA County which are now or may become subject to the permit <br />are those amounts for the stated periods of time as set forth in the financial <br />warranty, which may be amended from time to time to reflect revised estimates <br />of said costs of reclamation. <br />WHEREAS, the Operator hereby gives the Board a performance warranty <br />pursuant to Section 34-32-117(2) of the Act, and herein promises the Board <br />that it will comply with all applicable requirements of the Act with regard to <br />those Affected Lands. <br />