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STATE OF COLORADO <br />DIVISION OFMINERALS AND <br />Department of Natural Resources <br />1313 Sherman St., Room 215 Minerals ~ Ge°logy <br />Denver, Colorado 60203 ~ ~ L~ <br />Phone: (303) 866-3567 f)y~ <br />FAX: (303) 832-8106 <br />n Division of <br />RECEIVED <br />MAY 3 0 2003 <br />PERFORMANCE WARRAI~l'~10n of Minerals and Geology <br />OLORADO <br />(VISION O E <br />IINE~RALS <br />EOLOGY <br />CLAM ATION•M WING <br />SAFETY•SCIEN CE <br />Bill Owens <br />Governor <br />Permittee: Owens Brothers Concrete ComparEy <br />Operation: Nix Sand and Gravel Mine <br />Permit No: M-2001-046 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />Greg E. Walther <br />Executive Dlrector <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 <br />"Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. 34-32.5-101 et seg. (the "Act"), as amended, provides that no permit maybe issued <br />under the Act until the Mined Land Reclamation Board (the "Board") receives a performance <br />warranty (or waEranties) that is a written promise to comply with all applicable requirements of the <br />Act. <br />WHEREAS, Owens Brothers Concrete CompaEry (the "Permittee"), has applied for a permit to <br />conduct a mining operation IaEOwn as IVix Sand and Gravel Mine (the "Operation") on certain lands in <br />Weld County, Colorado. These lands are described in the permit application, as amended and <br />supplemented, and aze referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from time <br />to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs <br />of reclamation with regard to those affected lands in Weld County which aze now or may become <br />subject to the permit 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 of said costs of <br />reclamation. <br />WHEREAS, the Permittee hereby gives the Board 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 Board that it will <br />comply 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 />