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? ?Illilllllllllllll <br />999 <br />STATE <br />• <br />OF COLORADO <br />Roy Romer, Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Qlrwwr <br />PERFORMANCE WARRANTY <br />Operator: Varra Companies, Inc. <br />Operation: -Carr <br />Permit No: M-80-002 <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 he <br />issued under tie Act until the dined Land Reclamation Board (the "Board") <br />receives a performance warranty (or warranties) that is a written promise to <br />comply with all applicable requirements of the Act. <br />WHEREAS, Varra Companies, Inc._ (the "Operator"), has <br />applied for a permit to conduct a mining operation nown as Carr Pit <br />(the "Operation") on certain lands in We <br />ounty, o ora o. ese 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 reclamation with regard to those affected lands <br />in Weld County which are now or may become subject to the permit <br />are those amounts or 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. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will <br />comply with all applicable requirements of the Act and rules and regulations <br />of the Board with respect to the Affected Lands. <br />FURTHER, the Operator hereby promises the Board that it will comply <br />with all of the terms of the application for a permit, as amended and