2006-10-04_REVISION - M1991146 (4)

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l~(` STATE OF COLORADO MINED LAND RECLAMATION DIVISfON ~ of ~~oy~ Department of Natural Resources ~~~~~q~ 7373 Sherman St.. Room 215 „~ }~ ;1$ Denver, CO 80203 - ""~` 303 866.3567 ".r ` Fax: 303 832-8706 Roy Romer. Governor Freo R. Banta, Division Director PERFORMANCE WARRANTY RE~~~~ED JUN 31983 Operator: ZMK Miae Construction, Inc. o wlinera;~ . Operation: ZMKGravei _ ~ ~eof~A~ Permit No: N-99-146 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, 342-101 et seq. (the "Act"), as amended, provides that no permit may be issued under .Tree 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, 2MK Mine Construction, Inc. (the "Operator"), has applied fora perms o con uc a mtntng opera on nown as ZMK Gravel (the "Operation") on certain lands in ay oun y, o ara o. ese lands are described in the permit app tca ton, 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 Ouraq County which are now or may become subject to the permit are ose amoun s or 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. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Sec ti on.34-32-117(2) of the Act, and herein promises the Board that it will comply with all' applicable requirements of the Act with regard to those Affected Lands.