2010-12-16_REVISION - M1981286 (3)

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STATE OF COLORADO 4'• MINED LAND RECLAMATION DIVISION of ??<o Department of Natural Resources yep vmi ?9$ N313 Sherman St., Room 215 . Denver, CO 80203 303 866-3567 1876 " FAX: 303 832-8106 Roy Romer, Govemor Michael B. Long, Division Director PERFORMANCE WARRANTY RECE DEC 311992 Operator: Weld County Road & Bridge, Mining Division Operation: Thomas Pit No. 4 Permit No: 81-286 (conversion) KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, CRS-as amended, 34-32-101 et seg. (the "Act"), as amended, provides that no permit may be 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. WHEREAS, Weld County (the "Operator"), has applied for a permit to conduct a mining operation known as Thomas Pit No. 4 (conversion) (the "Operation") on certain lands in Weld 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 Weld County which are now or may become 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. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. 5L7