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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />Operator: Tamrock Gravel <br />Operation: Shot Rock Pit <br />Permit No: M- 2012 -023 <br />PERFORMANCE WARRANTY <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34 -32 -117, <br />C.R.S., of the Mined Land Reclamation Act and 34- 32.5 -117, C.R.S., of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this <br />form, without approval by the Board shall result in the financial warranty being invalid and result in <br />the voiding of any permit issued in conjunction with such invalid financial warranty and subject the <br />operator to cease and desist orders and civil penalties for operating without a permit pursuant to <br />sections 34 -32 -123, C.R.S., of the Mined Land Reclamation Act and 34- 32.5 -123, C.R.S., of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials . <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />STATE OF COLORADO <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <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) <br />that is a written promise to comply with all applicable requirements of the Act. <br />WHEREAS, Tamrock Gravel (the "Operator "), has applied for a permit to conduct a mining <br />operation known as Shot Rock Pit (the "Operation ") on certain lands in Las Animas County, Colorado. <br />These lands are described in the permit application, as amended and supplemented, and are referred to <br />herein as 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 <br />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 Las Animas County which are now or may become <br />subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, <br />which may be amended from time to time to reflect revised estimates of said costs of reclamation. <br />Office of Office of <br />Mined Land Reclamation <br />- 2 - <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />