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M • <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 />Operator <br />STATE OF <br />aFr,F!„?? <br />SEP 14 1998 <br />]DEPARTMENT OF <br />]NATURAL <br />Division of ivil110(6IJ ]ZESOURCES <br />Roy Romer <br />FINANCIAL WARRANTY Governor <br />LETTER OF CREDIT James i Lochhead <br />Executive Director <br />Michael B. Long <br />Division Director <br />Western Nutrients, Tnc. 2-0t( . pco-90- <br />Operation: Agri-Cal #1 <br />Permit No.: M-97-o64 <br />Bank: Centennial Bank <br />Street: 1515 Santa Fe Dr. <br />City: <br />State: <br />Pueblo <br />Co <br />Zip Code: 81006 <br />Area Code: 719 Telephone: 543-0763 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et seg. <br />(the "Act"), as amended, provides that no permit may be issued under the Act until the Mined <br />Land Reclamation Board (the "Board") receives a Financial Warranty (or Warranties) as <br />described in the Act. <br />WHEREAS, Western Nutrients, Inc. (the "Operator"), <br />a Colorado corporation, has applied for a permit to <br />conduct a mining operation known as Agri-Cal #1 (the "Operation"), <br />on certain lands in Fremont County, Colorado. These lands are <br />described in the permit application, as amended and supplemented, and are referred to herein <br />as the "Affected Lands". <br />COLORADO <br />WHEREAS, as part of the application for the permit, the Operator has agreed to be bound <br />by all requirements of the Act and all applicable rules and regulations of the Board, as amended <br />from time to time.