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:, . <br />" -/, <br />STATE OF COLORADO <br />Roy Romer; Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND <br />DAVID C. SHELTON, Dlrectoi <br />RELEASE ~ <br />Division of <br />inerals & --:::: gy <br />RECLAMATION DIVISION <br />PERFORMANCE WARRANTY <br />Operation: <br />Permit No: M-78'-3/~F ~- <br />RECLAMA7iON DIVISION <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, <br />34-32-101 et seq. (the "Act"), as amended, provides that no permit may he <br />issued under ttie 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, Fran k Hewes (the "Operator"), has <br />applied fora permit to con uct a mining operation~c•nown as /{ewes P:t <br />(the "Operation") on certain lands in ou t <br />County, o ora o. ese lands are described in the permit app 1catlon, 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 ~Q„u ~ 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 />NOW, THEREFORE, the Operator hereby promises the Board that it will <br />comply with all applicable requirements of the Act and rules and regulations <br />of the Board with respect to the Affected Lands. <br />FURTHER, the Operator hereby promises the Board that it will comply <br />with all of the terms of the application for a permit, as-amended and <br />supplemented, as well as any conditions attached to the permit by the Board. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />