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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SI., Room 215 <br /> <br />Denver, Colorado 80207 I~ <br />Phone: 1303)866-3567 I <br />FAX: (3031 832-8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> PERFORMANCE WARRANTY RESOURCES <br /> Rov Romrr <br /> Go~erno~ <br />Operator: Summit Pressed Brick & Tile Co. Krn saga ear <br /> E.ecw me Dueaor <br />Operation: Calhan Clay Pit ""'har'"`°^R <br /> D iv ismn Director <br />Permit No: M-93-OBO <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32-101 <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, Summit Pressed Brick & Tile Co (the "Operator"), has applied <br />for a permit to conduct a mining operation known as Calhan Clay Pit (the <br />"Operation") on certain lands in El Paso County, Colorado. These lands are <br />described in the permit application, as amended and supplemented, and are <br />referred to herein as 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 E1 <br />Paso 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 />