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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />DIVISION o F <br />Denver, Colorado 80203 MINERAL S <br />Phone: (303) 866-3567 <br />PAX: (303) 832-8106 & <br /> G E O L O G Y <br /> PERFORMANCE WARRANTY RECLAMATION <br />~ <br /> MINING•BAFETY <br /> Bill Owens <br /> <br />Permittee: <br />Northern Colorado Constructors, Inc. Aggregate Div Governor <br />Greg E. Walther <br /> Executive Director <br />Operation: NCCI Pit #1 Michael 8. Long <br /> Division Director <br />Permit No: M-2001-107 <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 "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 seg. (the "Act"), as amended, provides that no pernit may be issued under the Act until <br />the Mined Land Reclamation Boazd (the "Boazd") receives a performance warranty (or warranties) that is a <br />written promise to comply with all applicable requirements of the Act. <br />WHEREAS, Northern Colorado Constmctors, Inc. Aggregate Div (the "Permittee"), has applied for a <br />permit to conduct a mining operation known as NCCI Pit #1 (the "Operation") on certain lands in Weld <br />County, Colorado. These lands aze 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 Permittee has agreed to be bound by all requirements <br />of the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, the Boazd has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regazd to those affected Lands in Weid County which aze now or may become subject to the <br />permit aze those amounts for the stated periods of time as set forth in the financial warranty, which may be <br />amended from time to time to reflect revised estimates of said costs of 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) of the Act, and herein promises [he Boazd that i[ will comply <br />with all applicable requirements of the Act with regard to those Affected Lands. <br />