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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: <br />Operation <br />Permit Number <br />STATE OF COLORADO <br />COLORADO <br />D I V I S [ON O f <br />RECLAMATION <br />MINING <br />SAFETY <br />PERFORMANCE WARRANTY <br />RECEIVED <br />All -Rite Paving & Redi -Mix inc. 2 R 2012 <br />Mooney Hills Permit NOV 'Y <br />M- 2007 -007 <br />DIVISION OF RECLAMATION <br />MININGAND SAFETY <br />This form has been approved by the Mined Land Reclamation Board ( "Board') pursuant to <br />the Mined Land Reclamation Act (C.R.S. § 34 -32 -101 et. seq.) ( "Hard Rock Act ") and <br />associated Rules (2 C.C.R. 407 -1) ( "Hard Rock Rules ") and the Land Reclamation Act for the <br />Extraction of Construction Materials (C.R.S. § 34 -32.5 -101 et. seA) ( "Construction Materials <br />Act') and associated Rules (2 C C.R. 407 -4) ( "Construction Materials Rules'). Any alteration <br />or modification of this form, without approval by the Board shall result in the performance <br />warranty being invalid and result in the voiding of any permit issued in conjunction with such <br />invalid performance warranty and subject the operator to cease and desist orders and civil <br />penalties for operating without a permit pursuant to sections 34 -32 -123, C.R.S. of the Hard <br />Rock Act and 34 -325 -123, C.R.S. of Construction Materials Act. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34 -32 -101 et M. (the <br />"Hardrock Act "), as amended, and the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, C.R.S. § 34- 32.5 -101 et SeMc . (the "Construction Materials Act "), as <br />amended (collectively the "Acts "), provide that no permit may be issued until the Mined Land <br />Reclamation Board (the "Board ") receives a performance warranty consisting of the Operator's <br />written promise to comply with the requirements of the Hardrock or Construction Materials Act, <br />whichever is applicable. <br />WHEREAS, All -Rite Paving & Redi -Mix inc. (the "Operator "), has applied for a <br />permit to conduct a mining operation known as Mooney Hills Permit <br />(the "Operation ") on certain lands in Las Animas County, Colorado. These <br />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 Hardrock or Construction Materials Act and all applicable rules and <br />regulations of the Board, as amended from time to time. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and <br />Inactive Mines <br />