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2011-08-15_PERMIT FILE - M2011027
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2011-08-15_PERMIT FILE - M2011027
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Last modified
8/24/2016 4:36:54 PM
Creation date
8/16/2011 9:33:05 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2011027
IBM Index Class Name
PERMIT FILE
Doc Date
8/15/2011
Doc Name
Decision Letter
From
DRMS
To
Mr. Richard L. Wamsley dba- RLW Enterprises
Email Name
PSH
AJW
BJC
Media Type
D
Archive
No
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WHEREAS, the Permittee 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 comply <br />with all applicable requirements of the Act with regard to those Affected Lands. <br />NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all applicable <br />requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. <br />FURTHER, the Permittee hereby promises the Board that it will comply with all of the terms of the <br />application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the <br />Board. <br />FURTHER, the Permittee promises the Board, pursuant to 34- 32- 112(2)(d) or 34- 32.5- 112(1)(c)(iv) of <br />the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, <br />including, but not limited to, reclamation. The Permittee further recognizes the right of the Board to enter to <br />reclaim lands affected by the operation. <br />The description of lands herein is for convenience of reference only, and no error in such description, <br />nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the <br />permitted mining area shall alter or diminish the Permittee's obligation hereunder, which shall extend to the <br />reclamation of all such lands disturbed. <br />The obligation of the Permittee hereunder is such that, if the Permittee shall successfully comply with <br />the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that <br />the Permittee has so complied, shall release this performance warranty, and the Permittee from its obligation <br />hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation <br />of the Permittee hereunder shall continue until released in whole or in part by the Board in accordance with <br />applicable law. <br />In further satisfaction of the requirements of the Act, the Permittee promises to be responsible for the <br />cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, <br />which may be amended from time to time. The Permittee agrees that it will maintain a financial warranty (or <br />warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. Please note <br />that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials, any Applicant or Permittee that submits proof, acceptable to <br />the Board or Division of Reclamation, Mining and Safety, that an Applicant or Permittee is a unit of County or <br />Municipal government, or is a department or division of State government, the Applicant or Permittee is not <br />required to submit or post any other instrument of financial responsibility but hereby promises to be responsible <br />for the cost of reclamation up to the amount specified by the Board. <br />If the Board determines that the Permittee is in default under this performance warranty and has failed to <br />cure such default, although written notice of such default and ample time to cure such default have been given, <br />the Permittee's financial warranty shall be subject to forfeiture. <br />This performance warranty may be executed in multiple copies, each of which shall be treated as an <br />original, but together they constitute only one agreement, the validity and interpretation of which shall be <br />governed by the laws of the State of Colorado. <br />-3 <br />
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