2007-09-07_REVISION - M2002094 (3)

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-STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY / - Department of Natural Resources 1351 Sherman St., Room 2t5 Colorado 80203 Denver D t v 15 t o N c , Phone: (303) 866-3567 - JAN ~ ~ ~MII ~ M I N E RA [ M1l ~NR FAX: (303) 832-8706 &- GEOLOG E M ~~~ D N IN G Q8/~Y M SAFE 7 PERFORMANCE WARRANTY'~`~""'~ " gill Owenz Governor Greg E. Walther / Executive Director Maverick Sand & Operator: Gravel Michael B. Long o[vision Director Operation: Allen Pit ~ Permit No: M-2002-094 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R:S. 34-32-101 et sec . (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.RS. 34-32.5-101 et se . (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Boazd (the "Boazd") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Maverick Sand &Gravel (the "Operator"), has applied for a permit to conduct a mining operation known as Allen Pit (the "Operation") on certain lands in Montrose Coumy, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands": WHEREAS, in its application for the pemut, 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. WHEREAS, the Boazd has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Montrose County which aze now or may become subject to the permit aze 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. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands.