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:- STATE OF COLORADO <br />DlV{SION OF MINERALS AND GEOLOGY ECEIVED ~~ <br />Department of Natural Resources <br />7313 Sherman St., Room 215 <br />Denver, Colorado 80:0} <br />Phone: 13037 866.3567 <br />FAX: (3037 832-8106 <br />SEP 13 2002 <br />Division of Minerals and Geology <br />PERFORMANCE WARRANTY <br />Operator: <br />Operation: <br />hermit No: <br />American Gypsum Company <br />Eagle-Gypsum Mine <br />M-89-018 <br />Kl\rO~V ALL MEN BY THESE PRESENTS, THAI`. <br />_ DI VIS16N t <br />,bt1NEF.A1 <br />&-- <br />GEOLOG <br />BECLAMg71C <br />MVNING•$AFE: <br />Bill ovens <br />Governor <br />Creg E. Wakher <br />Executive Dirrnor <br />Michael B. Long <br />Division Director <br />WHEREAS, the Colorado Mined Land ~'eclarnation Act, C.R.S. 34-32-101 et seq. (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 artfended, provides that no petntit may be issued under the Act <br />until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that <br />is a written promise to comply with all applicable requirements of the Act. <br />WE~REAS, American G,y"psum Company {the "Operator"), has applied for <br />a permit to conduct a mining ope~tion known asEaale-Gypsum <br />(the "Operation") on certain lands in Eagle County, Colorado. These <br />lands are described in the permit application, as amended and supplemented, and are referred to herein as <br />the "Affected Lands". <br />WHEREAS, in s application for the permit, the' Operator has agreed to be bound by ail <br />requirements of the Act ~d all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS ~e Board has determined, in accordance with the Act, that the estimated costs of <br />reclamation with re/ard to those affected lands in Eagle County which are now or may <br />become subject t~the permit are those amounts for the stated periods of time as set forth in the financial <br />warranty, whic~may be amended from tune to time to reflect revised estimates of said costs of reclamation. <br />~ REAS, the Operator hereby gives the Board a performance warranty pursuant to <br />Section 3 -32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will <br />comply 'th all applicable requirements of the Act with regard to those Affected Lands. <br />