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Ti <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY ECIEWF n <br />Department or Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />JUN 0 1 2001 <br />Division of Minerals and Geology <br />PERFORMANCE WARRANTY <br />Operator: _ <br />Operation: _ <br />Permit No: _ <br />1 .__......._................. .... _............ _ _ _....... .__,._._._ -- ....... _..._ <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br /> <br />DIVIS[ON C <br />MINERAL <br />GFOLOG <br />RECLAMATIO <br />MINING•SAFET <br />Bill Owens <br />Governor <br />Greg E. Watcher <br />II Executive Director <br />L? 4l(S rl ?hYn S?S? LLC' Michael B. Long <br />Division Director <br />I i o PVl V I?Vi 5f5 1 <br />M-9S-1844 <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et M. (the "Act"), as <br />amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />C.R.S. 34-32.5-101 et seq. (the "Act"), as amended, provides that no permit may be issued under the Act <br />until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that <br />is a written promise to comply with all applicable requirements of the Act. <br />WHEREAS, ' Y se ?L e- (the "Operator"), has applied for <br />a permit to conduct a mining operation known as i i 0 v vl^ e L L C <br />(the "Operation") on certain lands in (,(.eibaD .r County, Colorado. These <br />lands are described in the permit application, as amended and supplemented, and are referred to herein as <br />the "Affected Lands". <br />WHEREAS, in its application for the permit, the Operator has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in ac ordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in `Mkl rYu_lr County which are now or may <br />become subject to the permit are those amounts for the stated periods of time as set forth in the financial <br />warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. <br />WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to <br />Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will <br />comply with all applicable requirements of the Act with regard to those Affected Lands.