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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 />STATE OF COLORADO <br />PERFORMANCE WARRANTY <br />Permittee: Pine Bluffs Gravel & Excavating, Inc. <br />Operation: Harms Pit <br />Permit No: M- 2013 -018 <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />This fora: has been approved by the Mined Land Reclamation Board pursuant to sections 34- <br />32-117, C.R.S., of the Mined Land Reclamation Act and 34 -32.5 -117, C.R.S., of the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials Any alteration or <br />modification of this form, without approval by the Board shall result in the financial warranty <br />being invalid and result in the voiding of any permit issued in conjunction with such invalid <br />financial warranty and subject the operator to cease and desist orders and civil penalties for <br />operating without a permit pursuant to sections 34 -32 -123, C.R.S., of the Mined Land <br />Reclamation Act and 34 -32.5 -123, C.R.S., of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34 -32 -101 et SeMc . (the <br />"Act "), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. 34- 32.5 -101 et M. (the "Act "), as amended, provides that no permit may be <br />issued under the Act until the Mined Land Reclamation Board (the "Board ") receives a <br />performance warranty (or warranties) that is a written promise to comply with all applicable <br />requirements of the Act. <br />WHEREAS, Pine Bluffs Gravel & Excavating, Inc. (the "Permittee "), has applied for a <br />permit to conduct a mining operation known as Harms Pit (the "Operation ") on certain lands in <br />Weld County, Colorado. These lands are described in the permit application, as amended and <br />supplemented, and are referred to herein as the "Affected Lands ". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from <br />time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated <br />costs of reclamation with regard to those affected lands in Weld County which are now or may <br />become subject to the permit are those amounts for the stated periods of time as set forth in the <br />financial warranty, which may be amended from time to time to reflect revised estimates of said <br />costs of reclamation. <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction • Durango Active and Inactive Mines <br />