2005-03-28_REVISION - M1981057 - Laserfiche WebLink

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MAR-28-2005 MON 0422 PM FIRST NATIONAL BANK LVLD FA}{ N0. 870 2D3 2669 P. I4 -2- WHEREAS, the Operator hereby gives the Board a performance weaanry ptasuant m .Section 3432-117(2) or Section 3432.5-117(2) of the Act, and heroin promises the Board that it will comply with all applicable regviremeats of the Act with regard m those A8'ated T.mds. NOW,1~i}3REFORE, the Operamr hereby promises the Board that it wr71 comply with all applicable zegrriremeats of the Act and rules and regulations of the Board with respect m fire Affected leads. FURTHER, the Operator het+eby promises the Boatel that it will comply with all of the terms of the application for a permit, a9 amended and sappl®ented. as wall as mry conditions attached m the permit by the Boatel. FURTHER, the Opetamrp~romises the Bostd, pursuant m 34-32-112(2~d) or 34.32.5;112(Ixc}(iv) ofthe Act, ihatithas the lawfnl'authoritym enterupontheA$'eotedLandsm condncttmningopetatiens, iaclu~mg,but mot limited to, reelamatioa. The Opeator further reoogaizea the tight of the Board to enter m reclaim leads affected by the operation. The description ofhtads hereimis for convenience ofrefetrnce only, and no erroria such description, nos ,. anyrcvisianofthepermittedminiag+nea,aorthedishubancebythcWaaantoroflaadsotitsideofthepe®itted mining area shall alter or dimatish the Operator's obligation hereunder, which shall extend to the reclamation of all such ]ands dishubed. The obligation ofthe Operamr hereunder is such that, if the tperator shall succesafitlly comply wilt the requirements ofihe Act, applicable rubs and regulations, sad the permit. then the Board, upon a finding that the Operator has so complied, shall release this performance wattrmty, and the Openttor from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. 2'he obligation of the Operator berormder shall continue until released is whole or in part by the Board in accordance with applicable Iaw. In fiaNrer satisfaction ofthe regtriremeats of the Act, the Operamrpromises m be responsible ibrtbe cost ofteclamaaon up m the amount established by the Board and has attached hereto its financial warranty, which maybeamendedfromtintemtime. TheOpetamragreestbatitwt7lmamtaiaafinaacialwanaaty(orwanattties) for the estimated coats ofrecimaation in good staprling for the entire life ofthe permit. Please ache that undertbe provisions of the Colorado Mated Iand Reclamation Act and the COlozado land Reclamation Act for the 1?xuaction of Construction Materials, dny Applicant or Opexttisr that submits proof, acceptable m rte Boatel or DivisionofNfinaralasnd Geology, thetas Applicant or Operamris auaitofCountyorMuaicipal goverment, or is a department or division of State government, the Applicant or Opetamr is not riegnired m submit or post any other instrument of financial responsibility but hcrdty promises m be reapamsible for the cost ofreelamation up to the amount apccified by the Board. . If the Board deterurines that the Operator is in dcfautt rmdet this perform~*_cP watzanty and bas failed m cure such default, although written notice of such default attd ample time to ctac such de~ult have been given, the Operator's financial warranty shall be subject m forfeitttro. This performance warranty maybe executed is multiple copies, each of which eha11 be treated as as original, but mgether they constitute only one ag. ~* the validity and interpretation of which shall be governed by the laws of the State of Colorado.