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STATE <br />DIVISION OF MINERALS AND <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver. Colorado 80203 <br />Phone: 13031866-3567 <br />FAX: 13031832-8106 <br />F COLORADO <br />FiECEIVEQ <br />JUC 192001 <br />pMisisn of Minerals and GesIoAY <br />Operator: <br />Operation: <br />PERFORMANCE WARRANTY <br />Inc. <br />Dowe Flats <br />Permit No'. M-93-041 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />~~ <br />DIVISION O <br />MINERAL <br />GEOLOG' <br />R ECLAM ATIOI <br />MIN ING•SA FE T' <br />Bdl osvens <br />Governor <br />Greg E. Walther <br />Eaecutrve Director <br />Michael B. Long <br />Division Director <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.RS. 34-32-101 et sey. (the "Act"), as <br />amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials., <br />C.R.S. 34-32.5-101 et ~. (the "Act"), as amended, provides that no permit maybe issued under the Act <br />until the Mined Land Reclamation Boazd (the "Board") receives a performance warranty (or warranties) that <br />is a written promise to comply with all applicable requirements of the Act. <br />WHEREAS, CEMEX, Inc. (the "Operator"), has applied for <br />a permit to conduct a muting operation known as n~i,e Fr ara O~iarr~ <br />(the "Operation") on ceRain lands in Boulder County, Colorado. These <br />lands are described in the permit application, as amended and supplemented, and aze referred to herem as <br />the "Affected Lands". <br />WHEREAS, in its application for the permit, the Operator 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 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 Boulder County which are now or may <br />become subject to the permit aze those amounts for the stated periods of time as set forth in the fmancial <br />warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. <br />WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to <br />Section 34-32-1]7(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 />