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ST1~T~ OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 DIVISION o F <br />Phone: (3031 866-3567 /vl 1 N E RA L $ <br />FAX: (303) 832-8106 S <br />GEOLOGY <br />PERFORMANCE W ARItANTY n eN I N G"• S A F e°r Y <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Direcmr <br />Operator: Kirkland Construction L.L. L. P. nnicnael B. EOng <br />Division Director <br />Operation: Van Valkenburg Pit <br />Permit No: <br />KNOW ALL MEN BY THESE PRESENTS, TI'.AT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sec . (the "Act"), as <br />amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />C.R.S. 34-32.5-101 et sue. (the "Act"), as amended, provides that no permit may be issued under the Act <br />untIl the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that <br />is a written promise to comply with all applicable requirements of the Act. <br />WHEREAS, Kirkland Construction L. L. L. P. (the"Operator"), has applied for <br />a permit to conduct a mining operation known as Van Valkenbur¢ Pit <br />(the "Operation") on certain lands in Jackson County, Colorado.. These <br />lands are described in the permit application, as amended and supplemented, and are referred to herein as <br />the "Affected Lands". <br />WHEREAS, in its application for the permit, the Operator has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from tune to time. <br />WHEREAS, the Boazd has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in Jackson Cormty which are now or may <br />become 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 reclamation. <br />WHEREAS, the Operator 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 Boazd that it will <br />comply with all applicable requirements of the Act with regazd to those Affected Lands. <br />