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a <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanment of Natural Resources <br />1313 Sherman St., Room 215 RECEIVED <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 JUN 0 9 1995 >UAPxr OF <br />NATURAL <br />RESOURCES- <br />Division of minerais & Geology <br />Governor <br />PERFORMANCE WARRANTY <br />>amm s. LodOwad <br />Ezecuuve Duvcw <br />Michael B. Long <br />Division Director <br />Operator: GREEN BROS. INC. <br />Operation' GREEN BROS., PIT #2 <br />Permit No: <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, <br />34-32-101 et se q. (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, GREEN BROS., INC. (the "Operator"), has <br />applied for a permit to conduct a mining operation known as GREEN BROS., INC. <br />PIT #2 (the "Operation") on certain lands in MORGAN <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 MORGAN- 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 requirementseof them Actswithe th Begard to <br />that it will comply with all app <br />those Affected Lands.