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STATE OF COLORADO <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 />,~;-m ~ <br />r <br />~'' : e1 <br />(^~ "~. '`~ if <br />~ti ~~ ~ ~ <br />~~C 2~ 2pDI <br />~ivisi~,n of 6j~~1 <br />Mi~in9 and ~ a ~~ on, <br />PERFORMANCE WARRANTY c~ <br />~•~ is <br />Operator: Cheyenne County t/ <br />pGrtilZiO:l: 11.G1i1Ci1"li, Plt <br />Permit No: M-2007-076 r.~ <br />/V~~. <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />SA ETY <br />Bill Ritter, )r. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., <br />of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the <br />Extraction of Constructian Materials. Any alteration or modification of this form, without approval by the <br />Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in <br />conjunction with such invalid financial 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 Mined Land <br />Reclamation Act and 34-32.5-123, C R.S., of the Colorado Land Reclamation Act for the Extraction of <br />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 sue. (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 seg. (the "Act"), as amended, provides that no permit may be issued under the Act until the <br />Mined Land Reclamation Boazd (the "Boazd") receives a performance warranty (or warranties) that is a written <br />promise to comply with all applicable requirements of the Act. <br />WHEREAS, Cheyenne County (the "Operator"), has applied for a permit to conduct a mining operation <br />known as Klement Pit (the "Operation") on certain lands in Cheyenne County, Colorado. These lands aze <br />described in the permit application, as amended and supplemented, and aze referred to herein as the "Affected <br />Lands". <br />WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of <br />the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, the Boazd has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in Cheyenne County which are now or may become subj ect to the <br />permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be <br />amended from time to time to reflect revised estimates of said costs of reclamation. <br />Office of pff~ce of <br />Mined Land Reclamation Denver Grand Junction Durango Ar-ri~~P any inactive MinP~ <br />