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6 <br />5TATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources 1313 Sherman St., Room 215 RECEIVED <br />Denver, Colorado 80203 D I V I S 1 D 1, <br />Phone: (303) 866-3567 $ 2OOZ M I N E R, <br />FAX: (303) 832-8106 <br />Division ," ":Ainerais and Geology G E O L O <br />RECLAMAT <br />PERFORMANCE WARRANTY M I N 1 N G. S A I <br />Bill Owens <br />Governor <br />Greg E. Walcher <br />Executive Director <br />Operator: Lafarge West, Inc, Michael B. Long <br />Division Director <br />Operation: Tanabe Pit <br />Permit No: M-2000-002 <br />. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (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, Lafarge West, Inc, (the "Operator"), has applied for <br />a permit to conducta mining operation known as Tanabe Pit_ <br />(the "Operation") on certain lands in Ldarns 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 accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in Adams - 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.