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<br />prn -\ A <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 PERFORMANCE WARRANTY <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 Construction Material Operation <br />Operator: Stone Wholesale Corporation <br />Operation: Brownstone Quarry <br />Permit No. M-97-065 <br />KNOW ALI, MEN BY THESE PRESENTS, THAT. <br />RECEI\IED <br />OCT 10 1997 DEPARTMENT 01 <br />ATURAI <br />ptvt?`? SOURCE; <br />OCT 21 1.9.97 <br />Roy Romer <br />Governor <br />James S. Lochhead <br />Executive Director <br />Michael B. Long <br />Division Director <br />Division of <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32.5-101 et seg. <br />(the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land <br />Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written <br />promise to comply with all applicable requirements of the Act. <br />WHEREAS, Stone Wholesale Corporation (the "Permittee"), has applied for a permit <br />to conduct a mining operation known as Brownstone Quarry (the "Operation") on certain lands in <br />Larimer County, Colorado. 'T'hese lands are described in the permit application, as amended and <br />supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by <br />all requirements of the Act and all applicable rules and regulations of the Board, as amended from <br />time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated <br />costs of reclamation with regard to those affected lands in Larimer County which are now or may <br />become subject to the permit are those amounts for the stated periods of time as set forth in the <br />financial warranty, which may be a.;nerided front time to tii- a to reflect revised cstlinates of said costs <br />of reclamation. <br />WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to <br />Section 34-32.5-117 of the Act, and herein promises the Board that it will comply with all applicable <br />requirements of the Act, and the Rules and Regulations as may be amended, with regard to those <br />Affected Lands. <br />NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with <br />all applicable requirements of the Act and rules and regulations of the Board with respect to the <br />Affected Lands. <br />FURTHER, the Permittee hereby promises the Board that it will comply with all of the <br />terms of the application for a permit, as amended and supplemented, as well as any conditions <br />attached to the permit by the Board.