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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman st., Room 215 C O LO RAD O <br />Colorado 80203 - <br />Denver D I V t S t O Al O F <br />, <br />Phone: (303) 866-3567 MIN &RA L S <br /> <br />FAX: (303) 832-8106 <br />GEOLOGY <br /> 0.ECLA NATION•NI NING <br /> SAf ETY•SCIEN CE <br />PERFORMANCE WARRANTY Bill Owens <br /> Governor <br /> Greg E. Walther <br /> Executive Director <br /> Ronald W. Cattany <br />Permittee: Rock-N-Pine LLC Division Director <br /> Natural Resource Trustee <br />Operation: Rock-N-Pine <br />Permit No: M-2003-074 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sec . (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 seg. (the "Act"), as amended, provides that no permit may be issued <br />under the Act until the Mined Land Reclamation Board (the "Board") receives a performance <br />warranty (or warranties) that is a written promise to comply with all applicable requirements of the <br />Act. <br />WHEREAS, Rock-N-Pine LLC (the "Permittee"), has applied for a permit to conduct a <br />mining operation known as Rock-N-Pine (the "Operation") on certain lands in Park County, <br />Colorado. These lands are described in the permit application, as amended and supplemented, and <br />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 of the Boazd, as amended from time <br />to time. <br />WHEREAS, the Boazd has determined, in accordance with the Act, that the estimated costs <br />of reclamation with regard to those affected lands in Pazk 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 maybe 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) of the Act, and herein promises the Boazd that it will <br />comply with all applicable requirements of the Act with regard to those Affected Lands. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />