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.-~ s~ of OMSION OF MtNERA15 AND GEOLOGY Depamnn d Wmal Resaooa 7373 57+eee0n St, Roan 215 Dearer. Calogdo 80203 P4eac t303! 866.3567 FAX: (3037 ffi2~8706 RgR°ar G°YenOr pmeit°ehhod PERFORMANCE NARRANTY D°°°° AGdod & 7a~ Operator: Lincoln County Colorado Operation' Eimer Stone Gravel Pit Permit No: M-78-080 giON Al.L MEN BY THESE PRESENTS, THAT: iUiEREAS, the Colorado Mined Land Reclamation Act, CR5 as amended, 34-32-101 et se (the °ACt°), as amended, provides that no permit may be issued under the Act until the Nined Land Reclawtion Board (the °Board°) receives a performance warranty <or warranties) that is a written promise to Comply with ail applicable requirements of the Act. ~~~~ Li7icoln County (the °Operator°>, has applied for a permit to conduct a mining operation known as Elmer Stone Gravel Pit (tfie °Operation') ~ certain lands in .;n o7n County, Colorado.. se lands are described in the permit application, as amended and supplemented, and are referred to herein as the °Affected Lands°. iiEiEREAS, in its application for tfie permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. NHEREAS, the Board has determined, in accordance with the 0.ct, that the estimated costs 4f reciamatia7 with regard to those affected lands in Lincoi-n County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. NHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act,-and he7'ein promises the Board that it will cor~ly with all applicable requi7'eaa'rtts of the Act with regard to those Affected Lands.