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STATE OF COLORADO ~ DIVISION OF MINERALS AND GEOLOGY RECEIVED ~ - ' Department of Na[ural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303)832-8106 OW~P~-.Ea MOCPS~PMv wr ` Operator: APR 2 8 2003 '~ Division of Minerals and Geology PERFORMANCE WARRANTY/ Operation: ~TeI,~.S'r<f?>ryt ~S~u~ Minim '~ Permit No: M Z ~U I - ~ I (-P ^~ KNOW ALL MEN BY THESE PRESENTS, THAT: D~51~1' MI N E RAL;~ GEOLOG~~ RECLAMATI OPT MINING•SAFET7~ Bill Owens Governor Greg E. Walther E<ecutive Director Michael B. Long Division Director WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sec . (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et sec . (the "Act"), as amended, provides that no permit maybe issued under the Act until the Mined Land Reclamation Boazd (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, ~ / -W LYIC (the "Operator"), has applied for a permit to conduct a g oration known as (the "Operation") on certain lands in ~~(~Q(1.r' County, Colorado. These lands are described in the pemut application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Boazd, 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 ~,~~~i~ 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 fmancial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands.