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tX <br />STATE OF COLORADO <br />DMSION OF huNSMS AND GEOLOGY <br />Department of Natural Resources <br />1313 She"nan St- Roars 215 <br />Denver, eoloado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-8106 (±p IV ED I]?EPAPaIWETJT OF <br />JAN 0 9 1996 NATURAL <br />Roy Romer <br />Division of N inerals & t`eology Governor <br />jams S. Lodrread <br />PERFORMANCE WARRANTY 8remakweDOeaor <br />lr kbw 6_ Long <br />thvWm Dkeetor <br />operator: Conner 1 Regnlirrac T"c - <br />Operation'. Wellington Downs Pit <br />Permit No: <br />M-95-035 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, <br />34-32-101 et seg. (the "Act"), as amended, provides that no permit may be <br />issued under the Act until the Mined Land Reclamation Board (the "Board") <br />receives a performance warranty (or warranties) that is a written promise to <br />LOMP l y %:` tbl all applicable requirements of the Act- <br />WHEREAS, Connell Resources, rnr (the "Operator"), has <br />applied for a permit to conduct a caning operation known as Wellington Downs <br />Pit (the 'Operation") on certain lands in arimer <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 of the Act and all applicable rules and <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 reciamation with regard to those affected lands <br />in L a ri me r 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.