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5/21/2005 10:20 hM FROM: Fax TipCOn Mining Consultants <br />~~S <br />DIVISION OF MINERALS AND GEOLOGY <br />pepygnent Ed Navaf Ra01RCa <br />1313 Sherman Sl, aoom 715 <br />Denver, Coluado 80203 <br />ptEple p03! 8643567 <br />FAX: 00318378106 <br />STATE OF COLORADO <br />::.~r~°,~ °,^. <br />JUN 2 ~ 2005 <br />COLORADO <br />DIVISION OF <br />MINF~RA_LS <br />GEOLOGY <br />AKEANATION.N INING <br />fAEfTY•IGIENCE <br /> <br />PERFORMANCE WARRANTY <br />operaor: l~~ ~.,\\ ~ aA~r~, ° °l~2Rtje\ ~-tJe. <br />Operation: GE \\~~~ Sa,Q,,c~. ~ C~el~e.~ <br />Permit No: M - 1 qq ~ - ~ ~c1 <br />aiu oNEm <br />G"vemor <br />Russell Georgr <br />&earoi Dl,ectr <br />R"„au w. cmNy <br />Division D7rtcmr <br />Nab"a Resource Trvftrc <br />Tbirjorln bas been approved by theiKbred Lard Reda7aation Board pursaantto sections 34-32-1I7, C RS, <br />ojtbe Maud Land Reda+ara8ow Aet and 3435-117, G1ZS, ofrlu Colorado Land Redarnat(on Act for the <br />EstraeNan ojConstrudion Molerral~ A7ry alteratlolt or Rtod JieoNon ojtlils jorny withowt approval by the <br />Board shall result rn tJte. Jtnanclal larranty being invalid and resuU in the voiding ojany permit Issued in <br />conla7ection wftb such fnvolldjmanc7at warraary and subJecttheoperatorm ceaseand deslsforders and civrZ <br />penalties jar operaahrg without a permk parsuant W sections 34 i2-123, CRS, of the Mined Land <br />ReclanaNan Ad aad 34-32.5-123, CRS, of the Colorado Land B'eelanration Act for the Extiadion of <br />Conatrudlon Materials . <br />KNOW ALL MEN BY THESE PRESENTS, 'THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg. (the "Act's, as <br />amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />C.R.S. 34-32.5-101 et sgq. (the "AcY~, as amended, provides thatnopem»tmaybe issRed andeltthe Actlmtil the <br />Mined Land Reclamation Board (the "Board's receives a performance warranty (or warranties) that is a written <br />promise to comply with all applicable requirements of the Act. <br />WHEREAS, G • \\~~, Sqr~ ° °(,~ R.A_r~ ~n1C(the "Operator"), has applied for a permit <br />to conduct a Dri~oaeration kaown as ~~. \le . St+.1cl.? ^~ 01~5,p ~ (the "Operation") on certain <br />lands in ~p 1 ~ R County, Colorado. These lands are.descn'bed iri the permit application, as <br />amended and supplemented, and are refeaed to herein as The "Affected Lands". <br />WHEREAS, in its application for the permit, the Operator has agreed to bebound by all requirements of <br />the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in ~¢. I~~e R County which are now or may <br />become subject to the permit are those amounts for the stated periods of time as set forth in the 5nancial <br />warra3lty, which maybe amended from time to time to reflect revised estimates of said costs of reclamation <br /> <br />