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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 21 S <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />Permittee: Rick Ensminger <br />Operation: Ensminger Pit <br />Permit No: M-2002-068 <br />PERFORMANCE WARRANTY <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />D I V 1 5 1 0 N O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Atting Division Director <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sue. (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 Ac[ until <br />the Mined Land Reclamation Board (the "Boazd") receives a performance warranty (or wattan[ies) [ha[ is a <br />written promise to comply with all applicable requirements of the Act. <br />WHEREAS, Rick Ensminger (the "Permittee"), has applied for a permit to conduct a mining operation <br />known as Ensminger Pit (the "Operation") on certain lands in Phillips County, Colorado. These lands are <br />described in the permit application, as amended and supplemented, and aze referred to herein as the "Affected <br />Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements <br />of the Act and all applicable roles and regulations of the Boazd, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected ]ands in Phillips County which aze now or may become subject [o <br />the permit aze those amounts for 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 reclamation. <br />WHEREAS, the Permit[ee 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 Board that it will comply <br />with all applicable requirements of the Act with regazd to those Affected Lands. <br />