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~. <br /> <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Narural Resources <br />1313 Sherman Sl .Room 275 <br />Denver, CO 80203 <br />Phone: 1303) 8661567 <br />FA%:1303)832-8106 <br />PERFORMANCE WARRANTY <br />Operator: Asphalt Paving Company <br />Operation: Perry Pit <br />Permit No: M-90-098 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />of Soto <br />~~ 4 <br />Nei <br />'~ ~ o <br />`~ r9T6 <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Direcbr <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-3Z-101 <br />et sec. (the "Act"), as amended, provides that no permit may be issued under <br />the Act until the Mined Land Reclamation Board (the "Board") receives a <br />performance warranty (or warranties) that is a written promise to comply with <br />all applicable requirements of the Act. <br />WHEREAS, Asphalt Paving Company (the "Operator"), has applied for a <br />permit to conduct a mining operation known as Perry Pit (the "Operation") on <br />certain lands in Weld County, Colorado. These lands are described in the <br />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 <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 Weld <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 ail 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 />