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TATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <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 />Operator: <br />Operation: <br />_ _` <br />FEB 2 7 2008 <br />Division of Reclamation, <br />Mining and Safety <br />Tri County <br />Tri County <br /> <br /> COLORADO <br /> D IV IS I ON OF <br /> RECLAMATION <br /> MINING <br /> <br />FINANCIAL WARRANTY - tx - <br />SAFETY <br />LETTER OF CREDIT <br /> Bill Owens <br />(THIRD PARTY) Governor <br /> Russell George <br /> Extx:utive Director <br />Gravel Ronald W. Cattany <br />wM_T Division Director <br />Gravel Natural Resource. Trustee <br />Permit No.: ^ M-1977-205 -?---??_.._._______?? ???Q??? • o? <br />Bank: Wells Fargo Bank <br />warrantor: 01deastle SW Group, Inc. dba United Companies of Mesa County <br />This farm has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., <br />of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials. Any alteration or modification of this form, without approval by the <br />Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in <br />conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil <br />penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land <br />Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. <br />KNOW ALL, MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-1.01 et seq. (the "Act"), as amended, <br />provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the ":Board") receives a <br />Financial Warranty (or Warranties) as described in the Act. <br />WHEREAS, Tri County Gravel --(the "Operator"), a- _ Colorado ?T corporation, hits applied <br />for a permit to conduct a mining operation known as Tri County Gravel (the "Operation"), on <br />certain lands in Delta __ _ 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 of the <br />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 f.or reclamation of the <br />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 the <br />Aflected Lands are those amounts for the stated periods of time asset forth herein. Said amount maybe amended from time <br />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 the <br />Board that they will be responsible for all of the estimated costs of reclamation with regard to the Affected Lands. <br />Office of Officx? of <br />Mined Land Reclamation Active and Inactive Aline,.