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Mhc/rA - <br />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 />FINANCIAL WARRANTY <br />CORPORATE SURETY <br />Operator: Blattner Energy, Inc. <br />Operation: Higgins Pit II <br />Permit No.: M - 2012 - 013 Bond No.: <br />�.,J2o�z - t�r3 . <br />STATE OF COLORADO <br />RECEIVED <br />JUL 2 5 2012 <br />Division of Reclamation, <br />Mining & Safety <br />Warrantor: FIDELITY AND DEPOSIT COMPANY OF MARYLAND <br />Street: 1400 American Lane, Tower I, 18th Floor <br />City: Schaumburg <br />State: IL Zip Code: 60196 - 1056 <br />Area Code: 952 Telephone: 229-3637 Home Office: 847 - 605 -6000 <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34 -32 -117, CR.S., of the Mined Land <br />Reclamation Act and 34- 32.5 -117 C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any <br />alteration or modification of this 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 operator to cease and desist <br />orders and civil penalties for operating without a permit pursuant to sections 34 -32 -123, C.R.S., of the Mined Land Reclamation Act <br />and 34- 32.5 -123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials . <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R S. 1973, 3 L -101 et 5m. (the "Act "), as amended, <br />provides that no permit may be issued under the Act until the Mined Land R,sclrmation Board (the "Board ") receives a <br />Financial Warranty (or Warranties) as described in the Act. <br />WHEREAS, Blattner Energy, Inc. (the "Operator "), a Minnesota <br />corporation, has applied for a permit to conduct a mining operation known as Hi qqi ns Pi I I (the <br />"Operation "), on certain lands in Li ncol n County, Colorado. These lands are described in the permit <br />application, as amended and supplemented, and are referred to herein as the "Affected Lands ". <br />WHEREAS, in the application for the permit, the Operator has agreed to be bound by all requirements of the Act and all <br />applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the <br />Affected Lands that are now, or may become, subject to the permit, as required by law <br />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />