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J, <br />. ?h <br />STATE OF COLORADO <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 />AN 4 9 1 r <br />V p F r, 7k i WL, <br />00A. . <br />DEPARTMENT OF <br />NATURAL <br />ll;ViSia 99? RESOURCES <br />h ?Roy Romer <br />J?ra?S Governor <br />?e0 ?9,1James S. Lochhead <br />PERFORMANCE WARRANTY Executive Director <br />Michael B. Long <br />Division Director <br />Operator: Pope-joy Construction Co., Inc. <br />Operation: Cecil II Gravel Pit <br />Permit No: M-86-124 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, <br />34-32-101 et seq. (the "Act"), as amended, provides that no permit may be <br />issued under the Act until the Mined Land Reclamation Board (the "Boaird") <br />receives a performance warranty (or warranties) that is a written promise to <br />comply with all applicable requirements of the Act. <br />WHEREAS, Pope-ioy Construction Co., Inc. (the "Operator"), has <br />applied for a permit to conduct a mining operation known as Cecil II <br />Gravel Pit (the "Operation") on certain lands in Washington <br />County, Colorado. These lands are described in the permit application, as <br />amended and supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Operator has agreed <br />to be bound by all requirements vi t h e MLL d1lU aii appI I t.auie IUIC?, CA 1U <br />regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that <br />the estimated costs of reclamation with regard to those affected lands <br />in Washington County which are now or may become subject to the permit <br />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 <br />of said costs of reclamation. <br />WHEREAS, the Operator hereby gives the Board a performance warranty <br />pursuant to Section 34-32-117(2) of the Act, and herein promises the Board <br />that it will comply with all applicable requirements of the Act with regard to <br />those Affected Lands.