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N STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY ?? Departtfletit of Natural Resources ?.,..'F l®/ 1313 Sherman St., Room 215 NOV 14 2007 C O L O RA, D O Denver, Colorado 80203 D I v t s t O N o f Phone: ;3031866-3567 RECLAMATION FAX: 13031 832-8106 Divisior, of Reclamation, MIN 1 N G Mining and Safety SA &T-Y-Y PERFORMANCE WARRANTY Bill Owens Governor Russell George Executive Director j5- Ronald W. Cattar:y (''1 ee Division Director Bluerock Energy Cc_r9'-"4'^^ Copp' - Natural Resource Trustee Operator: Operation: J Birds Permit .No: M2005050 This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32417, C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation A.ct f or the Extraction of Construction: Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seMC . (the "Act"), as amended, provides that no permit maybe issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all. applicable requirements of the Act. 1. WHEREAS, Bluerock Energy ????? --(the erator"), has appliedforapermit to conduct a mining operation known as J Birds (the Operation) on. certain. lands in Montrose County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound. by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Montrose Coun.tywhicharenowormaybecome subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation.. Office o Office of Active and Inactive Mines mined Land Reclarnation