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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 8?2-8106 <br />RECEivED PERFORMANCE WARRANTY <br />NQV 0 2 1999 <br />glnera% & Geology <br />Operator: Hollenbeck Inc. <br />Operation: <br />`DECEIVED <br />OCT 19 1999 <br />ci,rtslon of Minerals & Geology <br />DEPARTMENT C <br />NATURA <br />RESOURCE <br />Roy Romer <br />Governor <br />James S. Lochhead <br />Executive Director <br />Michael B. Long <br />Division Director <br />Hollenbeck Pit <br />Permit No: M-85-023 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg. (the <br />"Act"), as amended, and the Colorado Land Reclamation Act for the Extraction-of Construction <br />Materials, C.R.S. 34-32.5-101 et sue. (the "Act"), as amended, provides that no permit may be <br />issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance <br />warranty (or warranties) that is a written promise to comply with all applicable requirements of the <br />Act. <br />WHEREAS, Hollenbeck Inc. (the "Operator"), has <br />applied for a permit to conduct a mining operation known as Hollenbeck Pit <br />(the "Operation") on certain lands in _ <br />Gunnison 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 to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from time <br />to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs <br />of reclamation with regard to those affected lands in Gunnison County which are <br />now or may become subject to the permit are those amounts for the stated periods of time as set <br />forth in the financial 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 pursuant to Section <br />34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will <br />comply with all applicable requirements of the Act with regard to those Affected Lands.