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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Na[ural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />PERFORMANCE WARRANTY <br />Permittee: Ready Mixed Concrete Company <br />Operation: Nix Sand & Gravel Mine <br />Permit No: M-2001-046 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />COLORADO <br />DIVISION OE <br />MINERALS <br />GEOLOGY <br />PECLAM ATION•MINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Dln'C[Or <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et ~. (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 ~. (the "Act"), as amended, provides that no permit may be issued under the Act until the <br />Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written <br />promise to comply with all applicable requirements of the Act. <br />WHEREAS, Ready Mixed Concrete Company (the "Permittee"), has applied for a permit to conduct a <br />mining operation known as Nix Sand & Gravel Mine (the "Operation") on certain lands in Weld County, <br />Colorado. These lands aze described in the permit application, as amended and supplemented, and ase referred to <br />herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements of <br />the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs ofreclamation <br />with regard to those affected lands in Weld County which aze now or may become subject to the permit are those <br />amounts for the stated periods of time as set forth in the financial warranty, which maybe amended from time to <br />time to reflect revised estimates of said costs of reclamation. <br />WHEREAS, the Permittee hereby gives the Boazd a performance warranty pursuant to <br />Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Boazd that it will comply <br />with all applicable requirements of the Act with regard to those Affected Lands. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />