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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />D 1 v 1 5 1 o N O F <br />Denver, Colorado 80203 IVl 1 N ) RA L $ <br />Phone: (303) 866-3567 ~ <br />FAX: (303)832-8106 <br /> GEOLOGY <br /> REG LAMATION <br /> MINING•SAFETY <br /> <br />PERFORMANCE WARRANTY Bill Owens <br />Governor <br /> Greg E. Walther <br /> Executive Director <br /> Ronald W. Cattany <br /> Acing Division Director <br />Permittee: John R Kurtzer <br />Operation: Kurtzer Pit <br />Permit No: M-2002-053 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sec. (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 et ~. (the "Act"), as amended, provides that no permit may be 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, John R Kurtzer (the "Pem3ittee"), has applied for a permit to conduct a mining <br />operation known as Kurtzer Pit (the "Operation") on certain lands in Phillips County, Colorado. <br />These lands are described in the permit application, as amended and supplemented, and are referred <br />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 regulations of the Board, as amended from time <br />to time. <br />WHEREAS, the Board has detem3ined, in accordance with the Act, that the estimated costs <br />of reclamation with regard to those affected lands in Phillips 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 Board a performance warranty pursuant to <br />Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the $oard that it <br />will comply with all applicable requirements ofthe Act with regard to those Affected Lands. <br />