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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1 31 3 Sherman 51.. Room '_ I S Denver, Colorado b0?03 Phone: 130}1 fl66-3167 FAS. 130}) A32-H1U6 PERFORMANCE WARRANTY Construction Material Operation II~~~ DEPARTMENT OF NATURAL RESOURCES Operator: Rio Blanco County Roy Romer Governor Operation: East Douglas Creek Gravel Pit tames 5. Lochhead Executive Dvector hachael B. Long Permit No: M-98-054 Division Ovecior KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32.5-101 esp. (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, Rio Blanco County (the "Permittee"), has applied for a permit to conduct a mining operation known as East Douglas Creek Gravel Pit (the "Operation") on certain lands in Rio Blanco County, Colorado. These lands are 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 regard to those affected lands in Rio Blanco County which are 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 from 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 34-32.5-117 of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act, and the Rules and Regulations as may be amended, with regard to those Affected Lands. NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Permittee hereby promises the Board that it will comply with all of [he terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board.