Laserfiche WebLink
-2- <br />WHEREAS,: 'the Permittee hereby gives the Board a erformance warrant <br />p y pursuant to <br />Section 34-32 117(2) or Section 34-32.5-11.7(2)of the Act, and herein promises the Board that it will comply <br />with all applicable re..quirements.ofthe Act with regard to those. Affected Lands. <br />NOW THEREI~ORE the Permittee hereby promisesthe Board that it will, comply with all applicable <br />requirements. of the Act and: rules and regulations of the: Board with respect to the Affected, Lands: <br />FURTHER the' Permitted, hereb p y <br />y promises the Board that it will com 1 with all of the terms of the <br />application for a, permit; as amended and supplemented, as well as any conditions: attached to` the permit by the <br />Board. <br />FURTHER, the Permittee promises the Board, pursuant to 34-32-112 d or 34=32 5 '112.1 c iv of <br />(2) O O( )( ) <br />the Act; that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including; <br />but not limited-to, reclamation. The Permittee further recognizes the right of the Board to enter to-reclaim.lands <br />affected by the operation. <br />The description' of lands herein is for convenience of reference only, and no error in such description, nor <br />any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted <br />mining area shall alteror diminish the Pennittee's.obligation hereunder, which shall extend tothe'reclamation of <br />all. such lands disturbed. <br />- The obligation?of the Permittee hereunder is such that, if the Permittee shall successfully comply with the <br />requirements of the Act,::applicable rules and regulations; and he permit, then.the Board, upon, a.,finding that the <br />Permittee has so complied, , shall, release this performance warranty, and .the Permittee from its oliligation <br />hereunder, to the extentahat the Board determines that such compliance has been accomplished '::The obligation <br />. <br />of the Permittee'hereunder shall continue until released. in whole or`iri part by the Board in accordance with <br />applicable law. <br />In-furthersatistaction of therequirements of the Act, the Permittee.promises to be responsible for the cost <br />of reclamation up to the amount established by the Board and-has attached.hereto its. financial warranty, which <br />may=be amended from me to time. The Permittee-agrees that it will maintain a financial .warranty (or <br />warranties)-for the estimated costs of reclamation in good standing for the entire life of the permit. Please note <br />that under the provisionso..the:Colorado Mined Land_Reclamation Act and the Colorado Land Reclarriation Act <br />for the Extraction, of Construction Materials, any Applicant or Permittee that, submits proof; acceptable to the <br />Board or Division of Reclamation, Mining and' Safety, that an Applicant or' Permittee is'' unit of County or <br />Municipal government. or. is a department or division of State government; the Applicant or;Pernittee is-not <br />required -,to submit or post, any other instrument of financial responsibility but hereby promises .10 be responsible <br />for the cost. of reclamation up-to the amount specified by the Board. <br />If the Board determmes-that the Permittee is-in default under this performance warranty and'has failed to <br />cure such default. although written notice, of such default and ample time to cure such default'have been given; <br />the Permittee's financial=warranty shall be..subject to forfeiture: <br />This. performance warranty may be executed in multiple copies, each .of which shall-.be: treated as an <br />original, but together they constitute-. only one agreement, the validity and interpretation of -which. shall be ' <br />governed, by the aaws.of the\State, of Colorado.