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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural Resources <br />1313 Shaman 51., Room 215 <br />Denver, COlor, do ri0207 <br />Phone (3071 AN6-7567 <br />FAX: (3071 ri32 8106 <br />PERFORMANCE WARRANTY <br />Construction Material Operation <br />~~ <br />DEPARTMENT OI <br />NATUIZAI <br />RESOURCE` <br />Ruy Romcr <br />Governor <br />lames 5. lochhead <br />E><ecWlve Diceaa <br />Operator: Moonscape Partners LLP <br />Michael B Long <br />Divismn Direuor <br />Operation: Moonscape Pit <br />Permit No: M-97-027 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32.5-101 et sec . <br />(the "Act"), as amended, provides that no permit may be issued under the Act until [he Mined <br />Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a <br />written promise to comply with all applicable requirements of the Act. <br />WHEREAS, Moonscape Partners LLP (the "Permittee"), has applied for a permit to <br />conduct a mining operation known as Moonscape Pit (the "Operation") on certain lands in Delta <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 <br />all requirements of the Act and all applicable rules and regulations of the Board, as amended from <br />time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated <br />costs of reclamation with regard to [hose affected lands in Delta County which aze now or may <br />become subject to the permit are those amounts for the stated periods of time as se[ forth in the <br />financial warranty, which may be amended from time to time to reflect revised estimates of said <br />costs of reclamation. <br />WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to <br />Section 34-32.5-117 of the Act, and herein promises the Board that it will comply with all <br />applicable requirements of the Act, and the Rules and Regulations as may be amended, with regard <br />to those Affected Lands. <br />NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with <br />all applicable requirements of the Act and rules and regulations of the Board with respect to the <br />Affected Lands. <br />FURTHER, the Permittee hereby promises the Board that it will comply with all of the <br />