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<br />STATE OF COLORADO <br />Roy Romer, Governor <br />DEPARTMENT OFNATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BAN7A, Dlrsctor <br />PERFORMANCE WARRANTY <br />Operator: Rocky Mountain Asphalt, Inc. <br />Operation: Summit Pit <br />Permit No: M-BB-102 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32-101 <br />et seq. (the "Act"), as amended, provides that no permit may be issued under <br />'rTie~t until the Mined Land Reclamation Board (the "Board") receives a <br />performance warranty (or warranties) that is a written promise to comply with <br />all applicable requirements of the Act. <br />WHEREAS, Rocky Mountain Asphalt, Inc. (the "Operator"), has applied <br />for a permit to conduct a mining operation known as Summit Pit (the <br />"Operation") on certain lands in 'cl Paso County, Colorado. These lands are <br />described in the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands." <br />WHEREAS, in its application for the permit, the Operator has agreed <br />to be bound by all requirements of the Act and all applicable rules and <br />regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that <br />the estimated costs of reclamation with regard to those affected lands in E1 <br />Paso County which are now or may become subject to the permit are those <br />amounts for the stated periods of time as set forth in the financial warranty, <br />which may be amended from time to time to reflect revised estimates of said <br />costs of reclamation. <br />WHEREAS, the Operator hereby gives the Board a performance warranty <br />pursuant to Section 34-32-117(2) of the Act, and herein promises the Board <br />that it will comply with all applicable requirements of the Act with r=gard to <br />those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will <br />comply with all applicable requirements of the Act and rules and re.:~lztions <br />of the Board with respect to the Affected Lands. <br />FURTHER, the Operator hereby promises the Board that it wil', comply <br />with all of the terms of the application for a permit, as amended and <br />supplemented, as well as any conditions attached to the permit by the Board. <br />215 Centennial Building. 1313 Sherman Street Denver. Colorado 80203-2273 Tel l303~ 6FR-3567 <br />