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STATE, OF COLOI~DO DIVISION OF MINERALS AND GEOLOGY Deparlmem of Natural Resources 131 J Sherman St., Room 215 Denver, Colorado 80?O7 Phone: 003)866-3567 FTA: 1303) 8}28106 PERFORMANCE WARRANTY Permittce: B & D Trucking Operation: B & D Trucking Permit No: M-2000-072 IQxlOW ALL MEN BY THESE PRESENTS, THAT: ~~ D I VISION O F MINERALS GEOLOGY RECLAMATION MI NING•$AFETY Bill Owens Governor Greg E. Walther Execwrve D~recmr Michael 0. Long Division Direcror WHEREAS, the Colorado Mined Land Reclamation Act, C.RS. 34-32-101 et sec. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.RS. 34-32.5- l01 et sue. (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, B & D Tmcling (the "Permittee"), has applied for a permit to conduct a mining operation known as B & D Tracking (the "Operation") on certain lands in Montrose County, Colorado. These lands are described in the permit application, as amended and supplemented, and aze referred to herein as the "Affected Lands". WHEREAS, in its applicatom for the permtit, the Permittee has agreed to be bound by all requirements of the Act and all applicable Hiles and regulations of the Board, 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 Montrose County which aze now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended lion time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Permittee 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.