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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Raom 215 C O L O RA D O Demrer, Colorado 80203 D I V I S I O N O F Phone: (303) 86(x3567 MIN S RA L S Fix:1303) b32A706 G E O L O G Y ain owena Governor PERFORMANCE WARRANTY RutsO GCO1~ Executive Dlregp Ronald W. Catrany - Division Director Natural Rasourts Tnrstee Permittee: Asphalt Paving Company Operation: Wattenberg West Sand and Gravel Mine Permit No: M-2005-066 This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., ojthe Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Actfor the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties jor operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et ~. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seg. (the "Act"), as amended, provides that no permit maybe issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or wan•anties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Asphalt Paving Company (the "Permittee"), has applied for a permit to conduct a mining operation known as Wattenberg West Sand and Gravel Mine (the "Operation") on certain lands in Weld County, Colorado. These lands aze described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements of the Act and all applicable rules 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 regazd to those affected lands in Weld County which are now or may become subject to the permit aze those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation.