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' d <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />FAX: 303 832-8106 <br />PERFORMANCE WARRANTY <br />Operator: CASEY CONCRETE COMPANY <br />°F.c°, <br />* 1876 <br />Roy Romer, <br />Governor <br />Fred R. Banta, <br />Division D;rector <br />Operatic n: DICK CASEY CONCRETE PIT LIAR 1 4 lq.gl <br />Permit No: M-78-349 Mined I Pad <br />Reclamation DiViSion <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Col orado Mined Land Recl amati on Act, CRS as amended, <br />34-32-101 et seq. (the "Act"), as amended, provides that no permit may be <br />issued under 'te Act until the Mined Land Reclamati on 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, CASEY CONCRETE COMPANY (the "Operator"), has <br />applied for a perms to conduct a mining opera ion K nown as DICK CASEY <br />CONCRETE PIT (the "Operation") on certain lands in GARFIELD <br />County, Colorado. These lands are described in the permit application, as <br />amended and supplemented, and are referred to herein as the "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 GARFIELD County which are new or may become subject to the permit <br />are those amounts or 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 pranises the Board that it will <br />canply with all applicable requirements of the Act and rules and regulations <br />of the Board with respect to the Affected Lands. <br />FURTHER, the Operator hereby promises the Board that it will comply <br />with all of the terms of the application for a permit, as amended and <br />supplemented, as well as any conditions attached to the permit by the Board. <br />,I-"