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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources ~/_ ` 1313 Sherman SL, Room 2tS - ~ Denver, Colorado 80203 D I v 1 5 l O N o f Phone: 1303) 866-3567 tVt 1 N 1_ RA L ~ fAX: (303) 832-8106 & GEOLOGI PERFORMANCE WARRANTY R E C L A M A T I O N MINING•SAFETY Bilt Owens Governor Greg E. Walther Permittee: Robins Construction Co. LLLP Executive Director Michael R. Long Operation: Robins Pit No. 1 Division Director Permit No: M-2002-014 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et sec . (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Robins Construction Co. LLLP (the "Permittee"), has applied for a permit to conduct a mining operation known as Robins Pit No. 1 (the "Operation") on certain lands in Conejos County, Colorado. These lands aze described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands" WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Boazd, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Conejos 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 PerTittee 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 Boazd that it will comply with all applicable requirements of the Act with regazd to those Affected Lands.