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~ STATE C~F COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmenl of Natural Resources 1317 Sherman 81., Room 2I5 Denver, Colorado 80207 Phonr: ~.1f771866-3567 PERFORMANCE WARRANTY Construction Material Operation Operator: Agile Stone Systems, [nc. Operation: Parkdale Project Pel~itit No: M-97-054 KNOW ALL MEN BY THESE PRESENTS, THAT: ~~ ~~~~ DEPARTMENT OF NATURAL RESOURCES Roy ftnmer Governor tames 5. Lochhead E.ecuuvr Duenor nur hael8 Long Decision Direaw WHEREAS, the Colorado Mined Land Reclamation Act, 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 Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Agile Stone Systems, Inc. (the "Petmittee"), has applied for a permit to conduct a mining operation known as Parkdale Project (the "Operation") on certain lands in Fremont County, Colorado. These lands are described in the permit application, as amended and supplemented, and are 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 Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Fremont County which are now or may become subject to the permit are 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. WHEREAS, the Petmi[tee hereby gives the Board a performance warranty pursuant [o Section 34-32.5-117 of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act, and the Rules and Regulations as may be amended, with regard to those Affected Lands. NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, [he Permittee hereby promises [he Board that it will comply with all of [he terms of the application for a permit, as amended and supplemented, as well as any conditions attached [o the permit by the Board.