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TATE 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) 832-8106 <br />REGENED <br />FINANCIAL WARRANTY <br />LETTER OF CREDIT <br />(THIRD PARTY) <br />APR 14 2005 <br />Division of Minerals and Geology <br />COLORADO <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION-MINING <br />SAFETY-SCIENCE <br />Bill Owens <br />Govemor <br />Russell George <br />Executive Director <br />Operator: READY MIXED CONCRETE COMPANY Ronald W. Cattany <br />oMdti^irector <br />Operation: DEL CAMINO SAND AND GRAVEL Natural Resource Trustee <br />00 <br />Permit No.: M-1996-052 L w-*- rA3M 2 11 IV, <br />Bank: Wachovia Bank, N.A. <br />Warrantor: Boral Industries, Inc. <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, <br />C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials. Any alteration or modification of this form, without <br />approval by the Board shall result in the financial warranty being invalid and result in the voiding of <br />any permit issued in conjunction with such invalid financial warranty and subject the operator to cease <br />and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, <br />C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et SeMc . (the "Act"), as <br />amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the <br />"Board") receives a Financial Warranty (or Warranties) as described in the Act. <br />WHEREAS, Ready Mixed Concrete Co. (the "Operator"), a Colorado corpotation,has <br />applied for a permit to conduct a mining operation known as Del Camino Sand & Gravel(the "Operation"), <br />on certain lands in Weld County, Colorado. These lands are described in the permit <br />application, as amended and supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, as part of the application for the permit, the Operator has agreed to be bound by all requirements <br />of the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, in its application for the permit, the Operator has agreed with the Board to provide for <br />reclamation of the Affected Lands that are now, or may become, subject to the permit, as required by law. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation of <br />the Affected Lands are those amounts for the stated periods of time asset forth herein. Said amount maybe amended <br />from time to time to reflect revised estimates of said costs of reclamation. <br />WHEREAS, The Operator and the Warrantor, in accordance with the Act, have promised and hereby promises <br />the Board that they will be responsible for all of the estimated costs ofreclamation with regard to the Affected Lands. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and inactive Mines Geological Survey