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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Dep. nmem of Natural Rewurres <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031866-3567 PERFORMANCE WARRANTY <br />FA%~ 13031 832-8106 <br />Construction Material ODeration <br />Operator: The Denver Brick Company <br />Operation: Stevens Clay Lease <br />Petmit No: M-96-064 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />L- <br />~I~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />lames 5. Lachhead <br />Execwive Director <br />Michael B. Long <br />Division Director <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32.5-101 et sec . <br />(the "Act"), as amended, provides that no permit may be issued under the Act until the Mined <br />Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is <br />a written promise to comply with all applicable requirements of the Act. <br />WHEREAS, The Denver Brick Company (the "Permittee"), has applied for a permit <br />to conduct a mining operation known as Stevens Clay Lease (the "Operation") on certain lands <br />in Douglas County, Colorado. These lands are described in the permit application, as amended <br />and supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by <br />all requirements of the Act and all applicable rules and regulations of the Board, as amended <br />from tune to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated <br />costs of reclamation with regard to those affected lands in Douglas County which are now or <br />may become subject to the permit are those amounts for the stated periods of time as set forth <br />in the fmancial warranty, which may be amended from time to time to reflect revised estimates <br />of said costs of reclamation. <br />WHEREAS, the PeLmittee hereby gives the Board a performance warranty pursuant <br />to Section 34-32.5-117 of the Act, and herein promises the Board that it will comply with all <br />applicable requirements of the Act, and the Rules and Regulations as may be amended, with <br />regard to those Affected Lands. <br />NOW, THEREFORE, the Pertnittee hereby promises the Board that it will comply <br />with all applicable requirements of the Act and rules and regulations of the Board with respect <br />to the Affected Lands. <br />FURTHER, the Permittee hereby promises the Board that it will comply with all of <br />the terms of the application for a permit, as amended and supplemented, as well as any <br />conditions attached to the permit by the Board. <br />