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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 C O L O RA ]~ <br />Denver, Colorado 80203 DIVISION O F <br />Phone: (303) 866-3567 n't I N S RA L $ <br /> <br />FAX: (303) 832-8106 <br />GEOLOGY <br /> RECLAHATION•NIN ING <br /> SAFETT•S<IEN CE <br />PERFORMANCE WARRANTY Bill Owens <br /> Governor <br /> Greg E. Walther <br /> Executive Director <br /> Ronald W. Cattany <br /> <br />Penlllttee: Hall-Irwin C•OIpOratlon Division Director <br /> Natural Resource Trustee <br />Operation: Nissen Farm Resource <br />Permit No: M-2003-001 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg. (the <br />"Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. 34-32.5-101 et sue. (the "Act"), as amended, provides that no permit maybe issued <br />under the Act until the Mined Land Reclamation Board (the "Boazd") receives a performance <br />warranty (or warranties) that is a written promise to comply with all applicable requirements of the <br />Act. <br />WHEREAS, Hall-Irwin Corporation (the "PeFmittee"), has applied for a permit to conduct a <br />mining operation lmown as Nissen Farm Resource (the "Operation") on certain lands in Weld <br />County, Colorado. These lands are described in the permit application, as amended and <br />supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations ofthe Board, as amended from time <br />to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs <br />of reclamation with regazd to those affected lands in Weld County which are now or may become <br />subject to the permit are those amounts for the stated periods of time as set forth in the financial <br />warranty, which may be amended from time to time to reflect revised estimates of said costs of <br />reclamation. <br />WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to <br />Section 34-32-117(2) or Section 34-32.5-117(2) ofthe Act, and herein promises the Boazd that it will <br />comply with all applicable requirements of the Act with regazd to those Affected Lands. <br />Office of Office of Coloradr <br />