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Richard D Lamm <br />Governor <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Gelches, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. ~HELTO N, Director <br />PERFORMANCE WARRANTY <br />Operator: <br />Ina C Pope <br />Operation: Pope Pit No 2 <br />Permit No: M-86-101 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br /> <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32-101 <br />et seq. (the "Act"), as amended, provides that no permit may be issued under <br />tTie~Ict 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, Ina C Pope (the "Operator"), has applied fora permit to <br />conduct a mining operation known as Pope Pit No 2 (the "Operation") on certain <br />lands in Pueblo County, Colorado. These lands are described in the permit <br />application, as amended and supplemented, and are referred to herein as the <br />"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 <br />Pueblo County which are now or may become subject to the permit are those <br />amounts for the stated periods of time as set forth in the financial warranty, <br />which may be amended from time to time to reflect revised estimates of said <br />costs of 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 all 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 />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />