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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1117 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: 1307) 8663567 <br />FA%:13071 832-81 06 <br />PERFORMANCE WARRANTY <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />Operator: Mountain Region Corporation dames S. Lochhead <br />Exec ubve Dueaor <br />Operation: Orchard Mesa Aggr. M~rhaeis lnng <br />D ivrs~on Director <br />Permit No: M-95-005 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, <br />C.R.S., 34-32-101 et seg. (the "Act"), as amended, provides that no permit may <br />be issued under the Act until the Mined Land Reclamation Board (the "Board") <br />receives a performance warranty (or warranties) that is a written promise to <br />comply with all applicable requirements of the Act. <br />WHEREAS, Mountain Region Corporation (the "Operator"), has applied <br />for a permit to conduct a mining operation known as Orchard Mesa Aggr. (the <br />"Operation") on certain lands in Mesa 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 Mesa <br />County which are now or may become subject to the permit are those amounts for <br />the stated periods of time as set forth in the financial warranty, which may <br />be amended from time to time to reflect revised estimates of said costs of <br />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 regard 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 regulations <br />of the Board with respect to the Affected Lands. <br />FURTHER, the Operator hereby promises the Board that it will 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 />