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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />D rv I s I O N O F <br />Denver, Colorado 80203 lVt 1 N E RA L $ <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 & <br /> GEOLOGY <br /> 0.EC LAMATION <br />PERFORMANCE WARRANTY MINING • S A F E T Y <br /> Bill Owens <br /> Governor <br /> Greg E. Walther <br /> <br />Permittee: Ephemeral Resources, LLC. Executive Director <br /> Ronald W. Cattany <br /> Division Director <br />Operation: D Road Gravel Pit <br />Permit No: M-2002-046 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-IOI et seq. (the <br />"Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. 34-32.5-101 e~ seq. (the "Act"), as amended, provides that no permit maybe issued <br />under the Act until the Mined Land Reclamation Board (the "Board") receives a performance <br />warranty (or warranties) that is a written promise to comply with all applicable requirements of the <br />Act. <br />WHEREAS, Ephemeral Resources, LLC. (the "Permittee"), has applied for a permit to conduct <br />a mining operation known as D Road Gravel Pit (the "Operation") on certain lands in Mesa County,. <br />Colorado. These lands are 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 Permittee has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulafions of the Board, as amended from time <br />to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs <br />of reclamation with regazd to those affected lands in Mesa County which are now or may become <br />subject to the permit are those amounts for the stated periods of time as set forth in the financial <br />warranty, which may be amended from time to time to reflect revised estimates of said costs of <br />reclamation. <br />WHEREAS, the Permittee hereby gives the Boazd a performance warranty pursuant to <br />Section 34-32-117(2) or Section 34-32.5-117(2) ofthe Act, and herein promises the Boazd that it will <br />comply with all applicable requirements of the Act with regazd to those Affected Lands. <br />