2008-02-18_REVISION - M1999003 (4)

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SATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 DIVISION O F Phone: (303) 866-3567 MINERALS FAX: (303) 832-8106 PERFORMANCE WARRANTY L GEOLOGY Construction Material Operation R E C L A M A T I O N MINING•SAFETY Operator: Jerald Seifert and Fred Lowry Bill Owens Governor Greg E. Watcher Operation: Tallahassee Pit _$EwED l t Executive Director Michael B. Long Division Director Permit ?fiM-99-003 APR U 8 1999 & Geology KNOW ALL MEN BY THESE PRESENT'S. THA'I': WHEREAS, the Colorado klir.r-..d 'Land Reclamation Act, C.R.S., 34-32.5-101 et seq. (the "Act"), as amended, pro=rides that no peri-nit ;ray be issued under the Act until the Mined Land Reclamation Board (the "Board") receiv,:s a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. W11FREAS, Maid Seifert and Fred Lowry (the "Permittee"), has applied far:"I pcrt'ofl 1D ^•aPdti:t a min?r.q..-. t :atiart known as 'Iallalrassee Pit (the "Operation") on certain lands n Frerriont ,'o?ad:. I' ese describe, In the permit application, :is amended cnd supplemented, anti era c; !.. ... (i ,r:,.,erc as the " 10 , -c' ._d Lands". WHEREAS. in its application for the permit, the Permittee has agreed to be best :i h? all requircin:;nts of the Act and.--fl applicable nines and regulations of the Board, as amended from tinge to tire. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Fremont County which are now or may become subieci to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which ntay We amended --'r-- tinic to tine .:flcct est:rr-..t cf said costs ?-Freclamat;on. 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 the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. r