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DEPARTMENT OF NATURAL RESOURCES <br />David H. Gatchea, Executive Director <br />MINED LAND RECLAMATION~DIVISION <br />DAVID C. SHELTON, Director <br />flichard D. Lamm RELEASED <br />Governor QIViSIOn of <br />Mine als & Geology <br />c-~ ? s <br />by: <br />Morgan County <br />Operator: <br />Operation: <br />PERFORMANCE WARRANTY <br />Gravel Pit- Open Pit ~ ~""'°~ <br />Permit No: Fiie No. M-B5-200 -- "rR7 <br />cwv. tom, ~ ras ~~t,Alf~t~N <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, <br />34-32-101 et seg. (the "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, Morgan county (the "Operator"), ~ <br />zexpoe>atitetY,c-has applied for a permit to conduct <br />a mining operation nown as xnia Pit (the "Operation") on <br />certain lands in Mor an County, Co orado. These lands are <br />described in Exhibit A, attacle ereto, and are referred to herein as the <br />"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 />WIiEREAS, the Board has determined, in accordance with the Act, that <br />the estimated costs of reclamation with regard to those affected lands ' <br />in Morgan County which are now or may became subject tD 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 with respect to the <br />Affected Lands. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30x) 866-3567 <br />