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PERFORMANCE WARRANTY Permittee: Linke Construction Inc. Operation: Cottonwood Quarry Permit No: M-2004-061 Thu form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.RS., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding ojany permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-I23, C.R.S., of the Colorado Land Reclamation Act jor the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sue. (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 Boazd (the "Boazd") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Linke Construction Inc. (the "Permittee"), has applied for a permit to conduct a mining operation known as Cottonwood Quarry (the "Operation") on certain lands in Grand County, Colorado. These lands aze described in the permit application, as amended and supplemented, and aze 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 Boazd has determined, in accordance with the Act, that the estimated costs of reclamation with regazd to those affected lands in Grand 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.