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Richard D. Lamm <br />Governor <br />DEPARTMENT OF NATURAL R'ESOUFiCES <br />0. Monte Pascoe. Executive Director <br />MINED LAND RECLAMATION DI <br />DAVID C. SHELTON Director <br />PERFORMANCE WARRANTY <br />Operator: <br />Robinson Brick Company <br />Operation: Apache Ifine VCT <br />Permit No: M-78-009 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />MINED LAND RECL4 '"ATION <br />Colo. Dept. of llaturai kesources <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, <br />34-32-101 et seg. (the "Act"), as amended, provides that no permit may be <br />issued under the Act until the Mined Land Reclamation Board (the "Board") <br />receives a performance warranty (or warranties) that is a written promise to <br />comply with all applicable requirements of the Act. <br />WHEREAS, Robinson Brick Company (the "Operator"), a <br />Colorado corporation, has applied for a permit to conduct <br />a mining operation known as Apache Mine (the "Operation'.') on <br />certain lands in El Paso County, Colorado. These lands are <br />described in Exhibit , attached hereto, and are referred to ierein as the <br />"Affected Lands." <br />WHEREAS, in its application for the permit, the Operator has agreed <br />to be bound by all requirements of the Act and all applicable rules and <br />regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the-Act, that <br />the estimated costs of reclamation with regard to those affected lands <br />in 7-1 Paso County which are now or may become subject to the permit <br />are those amounts for the stated periods of time as set forth in the financial <br />warranty, which may be amended from time to time to reflect revised estimates <br />of said costs of reclamation. <br />WHEREAS, the Operator hereby gives the Board a performance warranty <br />pursuant to Section 34-32-117(2) of the Act, and herein promises the Board <br />that it will comply with all applicable requirements of the Act with regard to <br />those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will <br />comply with all applicable requirements of the Act with respect to the <br />Affected Lands. <br />I-?(2 <br />423 Centennial.Building, 1313 Sherman Street Denver, Colorado 80202 Tel. (303) 866-3567