HomeMy WebLinkAbout7.0 Annual Permit ReportSilt Sand & Gravel
Garfield County Commissioners
108 Eighth Street
Glenwood Springs, Colorado 81601
May 19, 2008
RE: Annual Permit Report
M-2006-046
Grand River Park Project (Silt Sand & Gravel LLC)
Mining began this past year along the north end of phase 1 (b) and constructed our regulating pond.
Continued mining around the east edge of the property boundary. This area was stripped of 27,846
cubic yards of topsoil and placed at the southeastern corner of 1 (b).
Within phase 1(b) we have mined a total of 229,222 cubic yards of pit run which we have hauled to our
processing plant for crushing. This processing area including roads was stripped of 10,256 cubic yards of
topsoil and placed on the southern end of phase 3(a).
"Financial Warranty" is in place. See attached.
All corners are marked with appropriate interval signs still in place.
Respectfully submitted,
n.
William M. Roberts
RECEIVED
MAY 2 0 2008
GARFIELD COUNTY
BUILDING & PLANNING
0304 Hwy. 133 • Carbondale, CO 81623
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
March 3, 2008
Silt Sand & Gravel, LLC
304 Highway 133
Carbondale, CO 81623
MINED LAND RECLAMATION BOARD
112c ANNUAL FEE INVOICE AND REPORT REQUEST
COLORADO
DIVISION OF
RECLAMATION
MINING
—&—
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
PLEASE READ CAREFULLY
Under the terms of your Reclamation Permit and Colorado Statutes, you must submit Annual Fees and Annual
Reports. You must pay the Annual Fee and submit an Annual Report each year until reclamation responsibility
release is granted. The Annual Fee is not a renewal fee. The fee and the report are for LAST YEARS mining and
reclamation season, and MUST be received even if your operation was in an inactive state. The fee and report are
due ON OR BEFORE your permit anniversary date shown below. The Annual Report and Fee requirement is
not met until we have received the following components: fee, report, and associated map. If no new
disturbances or reclamation have occurred during the previous year and no new changes to the previous
year's map are necessary, then no new map is required, provided that the Operator shall state this in the
Annual Report.
If you have requested reclamation responsibility release from the Division of Reclamation, Mining and Safety (the
"Division") but your permit is not released by your anniversary date listed below, the annual fee MUST be paid. If
the permit is released before the anniversary date, then by Statute, you do not pay an annual fee or submit an
annual report for that year.
PLEASE NOTE: IF THE ANNUAL FEE, ANNUAL REPORT, AND A MAP ARE NOT RECEIVED ON OR
BEFORE YOUR ANNIVERSARY DATE, A FORMAL NOTICE OF VIOLATION AND A BOARD ORDER TO
PAY CIVIL PENALTIES IN THE AMOUNT EQUAL TO THE ANNUAL FEE $ $791.00 WILL BE
AUTOMATICALLY ASSESSED. NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED
TO ANY OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE. (C.R.S. 34-
32.5-120 OR C.R.S. 34-32-120) UNTIL THE VIOLATION IS ABATED.
Division records indicate $ $791.00 fee is due
Permit No.: M-2006-046
Operation Name: Grand River Park Project
Anniversary Date: April 27, 2008
Total Fee Due: $$791.00 (Due on or before your Anniversary Date)
If your records indicate different facts than those stated above please notify the Division.
Please return the enclosed annual report FORM, a MAP, and a CHECK or MONEY ORDER made payable to the
Division of Reclamation, Mining and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203.
Thank you for your cooperation in this matter. If you have any questions, please feel free to contact Mary
Rodriguez at (303) 866-2074.
Office of
Mined Land Reclamation
Office of
Denver • Grand Junction • Durango Active and Inactive Mines
ANNUAL FEE and REPORT REQUEST
PERMITTEE NAME: Silt Sand & Gravel, LLC
PERMIT NO.: M-2006-046
OPERATION NAME: Grand River Park Project
ANNIVERSARY DATE: April 27, 2008
ANNUAL FEE DUE: $$791.00 (Due on or before your anniversary date)
COUNTY: Garfield
According to C.R.S. 34-32.5-116 or C.R.S. 34-32-116, each year, on the anniversary date of the permit, an operator
shall submit the annual fee, a report and map showing the extent of current disturbances to affected land,
reclamation accomplished to date and during the preceding year, new disturbances that are anticipated to occur
during the upcoming year, reclamation that will be performed during the coming year, the dates for the beginning
of active operations, and the date active operations ceased for the year, if any.
Please attach your revised written annual report and annual report map to this form. The Annual Report
& Fee requirement is not met until we have received the following components: fee, report, and associated
map. If no new disturbances or reclamation have occurred during the previous year and no new changes to
the previous year's map are necessary, then no new map is required, provided that the Operator shall state
this in the Annual Report. Please note that an adequately labeled map that clearly delineates and includes the
above elements may suffice for a written report.
Division records indicate the following permittee contact information. Please verify and make any necessary
changes:
Permittee Contact: Bill Roberts
William M. Roberts, Owner/President
Permittee Name:
Address:
Phone Number:
Fax Number:
Silt Sand & Gravel, LLC
304 Highway 133
Carbondale, CO 81623
(970) 963-2296
(970) 963-2412
If you have additional comments and/or information that should be provided to the Division, please provide it
below or attach it to this form along with your written report and map. Annual Report instructions are enclosed.
Signature of Corporate Officer, Owner, or Designee
April 27, 2008
Date
mtsznitimanivitiELLe
SILT SAND & GRAVEL, LLC
0304 HWY 133
CARBONDALE, CO 81623
rAY TO THE DIVISION OF RECLAMATION, MINING AND SAFETY
ORDER OF
BANK OF COLORADO
82-244/1070
1565
April 27, 2008
1 $ 791.00
SEVEN HUNDRED NINETY ONE DOLLARS and no cents
MEMO M-2006-046
11'00 L56511'
SILT SAND & GRAVEL, LLC
SILT SAND & GRAVEL, LLC
•
5 .SRF. (Ui(1T
L0700 2ti48l:593005 L 1360
DOLLARS 8
1565
1565
STATE OF OLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
FINANCIAL WARRANTY
CORPORATE SURETY
COLORADO
DIVISION OF
MINERALS
St
GEOLOGY
R E CL AM ATIO N• MI NI NG
SAFETY•SCIENCE
Bill Owens
Governor
Russel George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Operator: SILT SAND & GRAVEL, LLC
Operation: GRAND RIVER PARK PROJECT
PermitNo.: M-2006-046 Bond No.: S9039324
Warrantor:
Street:
City:
State:
Area Code:
WASHINGTON INTERNATIONAL INSURANCE COMPANY
1200 ARLINGTON HEIGHTS ROAD, SUITE 400
ITASCA
ILLINOIS
(630)227-4700
KNOW ALL MEN BY THESE PRESENTS, THAT:
Zip Code: 60143
Telephone: (630) 227-4817
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 eta. (the "Act"), as amended, provides
that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a Financial
Warranty (or Warranties) as described in the Act.
WHEREAS, SILT SAND & GRAVEL, LLC (the "Operator"), a
COLORADO corporation, has applied for a permit to conduct a mining operation known as
GRAND RIVER PARK PROJECT (the "Operation"), on certain lands in GARFIELD County, Colorado.
These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected
Lands".
WHEREAS, in the application for the permit, the Operator has agreed to be bound by all requirements of the Act and all
applicable rules and regulations of the Board, as amended from time to time.
WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the
Affected Lands that are now, or may become, subject to the permit, as required by law.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines ! o l I
-2
WASHINGTON INTERNATIONAL
WHEREAS, the Operator and INSURANCE COMPANY (the "Warrantor"), a corporation
)rganized and existing under the laws of the State of ARIZONA and duly authorized to transact a
)onding and surety business in the State of Colorado are hereby and firmly bound unto the State in the sum of
ONE HUNDRED S IXTY * Dollars ($ 162,454.00------- ) for the life of mine or until such time as replacement is
-eceived, for the payment of which sum, well and truly made, we hereby bind ourselves and our personal representatives,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation of the Affected
Lands are those amounts for the stated periods of time as set forth herein. Said amount may be amended from time to time to
reflect revised estimates of said costs of reclamation.
WHEREAS, the Operator and the Warrantor, in accordance with the Act, has promised and hereby promises the Board that
it will be responsible for all the estimated costs of reclamation with regard to the Affected Lands_
WHEREAS, the Board has determined that this Financial Warranty by the Warrantor equals the estimated costs of
reclamation, as approved by the Board, with regard to the Affected Lands.
NOW, THEREFORE, the Operator and the Warrantor are held hereby firmly unto the State of Colorado in the amount of
tl sums for those periods of time as set forth herein, until this Financial Warranty is amended or released in accordance with
apYucable law.
The Board may, for good cause shown, increase or decrease the amount and duration of this Financial Warranty. The Operator
shall have sixty (60) days after the date of notice of any such adjustment to increase the surety amount, but no such increase
shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial
Warranty or by an endorsement to this Financial Warranty.
The Operator and the Warrantor shall notify the Board immediately of any event which may impair this Financial Warranty. If
the Board receives such notice, or otherwise has reason to believe that this Financial Warranty has been materially impaired, it
may convene a hearing in accordance with the Act for the purpose of determining whether impairment has occurred.
The obligation of the Operator and the Warrantor shall continue until the Board has released this Financial Warranty or has
ordered it forfeited in accordance with applicable provisions of the Act.. It is understood that periods of years may necessarily
be required before determination can be made that reclamation of the Affected Lands has been satisfactorily completed. It is
also recognized that, as reclamation is accomplished, the amount of this Financial Warranty may be reduced with the approval
of the Board so that it reflects the then current estimated cost of the remaining reclamation of the Affected Lands. No revision,
extension, or renewal of the permit, or of the time allowed to complete reclamation, shall diminish the Operator's or Warrantor's
obligation under this Financial Warranty. No misrepresentation by the Operator which may have induced the Warrantor to
execute this Financial Warranty shall be any defense to demand by the State under this agreement.
In any single year during the life of the permit, the amount of the Financial Warranty shall not exceed the estimated cost of fully
reclaiming all lands to be affected in said year, plus all lands affected in previous permit years and not yet fully reclaimed.
Re 1 amation costs shall be computed with reference to current reclamation costs.
* TWO THOUSAND FOUR HUNDRED FIFTY FOUR AND 00/100
3
The amount of this Financial Warranty is based upon estimates as to the cost of reclamation, and does not operate to liquidate,
limit, enlarge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the permit and
with applicable laws and regulations governing reclamation, even though the actual cost thereof may substantially exceed the
amount of this Financial Warranty.
The Warrantor shall not be liable under this Financial Warranty for an amount greater than the sum designated herein, unless
increased by a later amendment to this Financial Warranty. This Financial Warranty shall be reviewed by the Board from time
to time, and the Board may require an increase in the principal sum of this Financial Warranty (and a corresponding increase in
the surety amount) to cover increases in the estimated costs of reclamation, but no such increase shall bind the Warrantor unless
and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to
this Financial Warranty.
The Warrantor reserves the right to cancel this Financial Warranty, effective only upon an anniversary date, and only by giving
written notice to that effect, mailed by Certified Mail, at least ninety (90) days prior to such anniversary date, addressed to both
the Operator at its address herein stated, and to the Board at the address herein stated. In the event of such cancellation, this
Financial Warranty shall nevertheless remain in full force and effect as respects the reclamation of all areas disturbed prior to
the effective date of such cancellation, unless and until the Operator shall file a substitute Financial Warranty which: (1)
assumes liability for all reclamation obligations which shall have arisen at any time while this Financial Warranty is in force;
and (2) is accepted in writing by the Board.
In the event of such cancellation, if the Financial Warranty is not fully released, the amount of the continuing Financial
Tanty available for the reclamation of areas disturbed and unreclaimed at the date of cancellation shall be fixed by the Board
Je amount it determines necessary to complete such reclamation (which amount may not exceed the sum designated herein)
and the Board shall concurrently identify such areas in writing, and notify the Warrantor and the Operator thereof. Thereafter,
the obligation of the Warrantor shall be limited to reclamation of the areas so identified.
The consideration for the Warrantor's execution of this agreement is the promise of the Operator to pay the premiums, but
failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder.
The Board may make demand upon the Warrantor for payment hereunder if the Board determines that reclamation which ought
to have been performed by the Operator, or its successors or assigns, remains unperformed, and if Financial Warranty forfeiture
procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the State to receive the
amount so demanded. However, if, upon completion of reclamation by the State, the amounts expended for reclamation shall be
less than the amount received from the Warrantor, the excess shall be promptly refunded to the Warrantor.
If demand is made upon the Warrantor for payment of an amount due to the Board hereunder, and if the Warrantor fails to make
payment of such amount within ninety (90) days after the date of receipt of such demand, or if it should thereafter be
determined, by agreement of the Warrantor or by final judgment of court, that the amount demanded was properly payable, the
Warrantor agrees to pay to the Board, in addition to the amount demanded, interest at the prime rate in effect from time to lime
at The United Bank of Denver for the period commencing at the end of such ninety -day period and ending on the date of actual
payment.
If the Board shall notify the Warrantor that the Operator is in default, and if the Board shall initiate any Financial Warranty
forfeiture procedures required by law or regulation, the Warrantor may, in lieu of making payment to the Board of the amount
due hereunder, cause the reclamation to be timely performed in accordance with all requirements of the Act and all applicable
and regulations. In such event, when and if the reclamation has been timely performed to the satisfaction of the Board or
Division, this Financial Warranty shall be released. If the reclamation shall not be so performed to the satisfaction of the Board
or Division, this Financial Warranty shall remain in full force and effect.
4 -
This Financial Warranty shall be subject to forfeiture whenever the Board determines that any one or more of the following
circumstances exist:
1. A Cease and Desist Order entered pursuant to Section 34-32-124 of the Act has been violated, and the
corrective action proposed in such Order has not been completed, although ample time to have done so has elapsed; or
2. The Operator is in default under its Performance Warranty, and such default has not been cured,
although written notice and ample time to cure such default has been given; or
3. The Operator and/or the Warrantor has failed to maintain its Financial Warranty in good standing as
required by the Act; or
4. The Warrantor no longer has the financial ability to carry out its obligations m accordance with the Act.
The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the
permitted mining area, nor the disturbance by the Operator of lands outside of the permitted mining area shall alter or diminish
the obligations of the Operator and/or Warrantor hereunder, which shall extend to the reclamation of all such lands disturbed.
If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted by the United
States Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R. 228.13, then the Operator, having requested that the
Board and the U.S.F. S. accept this single Financial Warranty in lieu of the separate bonds which would otherwise be required
1" applicable law, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall
an in full force and effect until U. S.F.S. has advised the Board by written notice that the Operator's obligations to U. S.F. S.,
for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board.
If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Commissioners ("Land Board"),
and if this Financial Warranty, in whole or in part, is accepted by the Land Board as the bond required under its applicable law
and procedures, then the Operator, having requested that the State accept this Financial Warranty in lieu of the separate bonds
which would otherwise be required by the Colorado Mined Land Reclamation Board or Division of Minerals and Geology and
by the Land Board, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall
remain in f=ill force and effect until the Board is notified in writing by the Land Board that the Operator's obligations to the
Land Board, for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the
Board.
If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United States Department
of the Interior (the "BLM"), and if, at the request of the Operator on this Financial Warranty, the BLM has, pursuant to 43
C.F.R 3809.1-9, accepted this Financial Warranty in lieu of requiring a separate reclamation bond payable to the United States,
then, notwithstanding any other provision of this Financial Warranty, or of law, the Operator and Warrantor hereby agree that
this Financial Warranty shall not be released until the Board is advised in writing by the BLM that the Operator's obligations to
the BLM, for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the
Board.
-5
This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, but together they
constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado.
The provisions hereof shall bind and inure to the benefit of the pardes hereto and their successors and assigns.
SIGNED, .SEALED AND DATED this 20TH day of APRIL
2007
WASHINGTON INTERNATIONAL
INSURANCE 'MP
Warr
By:
TIM
(SEAL)
CHARD, TTORNEY-IN-FACT
SILT SAND & GRAVEL, LLC
Operator
By:
WILLIAM M. ROBERTS, MEMBER
NOTARIZATION OF WARRANTOR'S ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss.
COUNTY OF MESA )
(SEAL)
The foregoing instrument was acknowledged before me this 20TH day of APRIL , 2007
by TIMOTHY J. BLANCHARD as ATTORNEY-IN-FACT of WASHINGTON INTERNATIONAL
INSURANCE COMPANY
NOTARY P, : LIC VIRGINE KORNELdTH
My Commission expires: AUGUST 24, 2009
6
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF C ot-o0R-4-2v ' )
) ss.
COUNTY OF ri,./2-f-te.- n )
The foregoing instrument was acknowledged before me this 2 day of ikP R , Zoo -7
of S,. - cf.—Jo A /1 G2Aka � L L. L_ G..
by U-1 .. (4•-- til [2(3 4 C /'.-r S .;,, ;p§; s . t* --1 e- ",t. (3 c
-(..)•ZSI.'... ***** ...t4i-i4., --?‘ E ----Y
ty O T A A Y �C NOTARY PUBLIC
(ft ;• A U $ L � G •�Or My Commission expires:
.c7F.7;,,P(\-de-
APPROVED:
State of Colorado
Mined Land Reclamation Board
Division of Minerals and Geology
BY: Date:
Division Director
M1mmH6ateWond o m CCorpSurety.bnd
REVS 02/25/04
NA 0J d�
1 0 le
11 '� 1.
1 '�.
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
EILEEN A. BLANCHARD, TIMOTHY J. BLANCHARD,
ANITA C. KELLER and VIRGINE KORNBLUTH
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24`" of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
Intel Nh,y,,,,
�t91tA[ � �
By 'el /CORPORATE `• Fn' S
Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & s SEA t o e
Vice President of North American Specialty insurance rae Company . Std
041,
`sNct.r ,,sh
By
David M. Layman, Vice President of Was6fnelonational Insurance Company &
Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 7th day of March , 2007 .
State of Illinois
County of Du Page
On this 7th day of March 2007 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies. j
'OFFICIAL SEAL" 7
SUSAN ANSEL
NotaryPt. ic.Stareal Mans Susan Ansel, Notary Public
1Ay Commission Exports 716Jh'108
I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full farce and effect.
IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this2Othiay of April , 20 07 .
ss:
North American Specialty Insurance Company
Washington International Insurance Company
James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company &
North American Specialty Jos.:sue Company
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone (303) 866-3567
FAX: (303) 832-8106
Operator
Operation:
Permit No:
PERFORMANCE WARRANTY
SILT SAND & GRAVEL, LLC
GRAND RIVER PARK PROJECT
M-2006-046
COLORADO
DIVISION O F
RECLAMATION
MINING
- &-
SAFETY
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S.,
of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the
Extraction of Construction Materials Any alteration or modification of this form, without approval by the
Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in
conjunction with such invalidfinancial warranty and subject the operator to cease and desist orders and civil
penalties for operating without a permit pursuant to sections 34-32-123, C.R S., of the Mined Land
Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of
Construction Materials .
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as
amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials,
C.R.S. 34-32.5-101 et seq. (the "Act"), as amended, provides that no permit may be issued under the Act until the
Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written
promise to comply with all applicable requirements of the Act.
WHEREAS, SILT SAND & GRAVEL, LLC (the "Operator"), has applied for a permit to
conduct a mining operation known as GRAND RIVER PARK PROTECT (the "Operation") on certain
lands in GARFIELD County, Colorado. These lands are described in the permit application, as
amended and supplemented, and are referred to herein as the "Affected Lands".
WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of
the Act and all applicable rules and regulations of the Board, as amended from time to time.
WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of
reclamation with regard to those affected lands in GARFIELD County which are now ormay become
subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which
may be amended from time to time to reflect revised estimates of said costs of reclamation.
Office of
Mined Land Reclamation
Office of
Active and Inactive Mines
2
WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to
Section 34-32-117(2) or Section 34-32.5-117(2) of theAct, ane heAfrein
promisesd LandetheBoard that it will comply
with all applicable requirements of the Act with regard
NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable
requirements of the Act and rules and regulations of the Board with respect to the Affected Lands.
FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the
application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the
Board.
FURTHER, the Operator promises the Board, pursuant to 34-32-112(2Xd) or 34-32.5412(1Xcxiv) of the
Act, that it has the lawful authority to enter upon the AffecteLaneds�oghcot of �� mining
and to er e��° to'recl i�mng, but
lands
not limited to, reclamation. The Operator forth recognizes
affected by the operation.
The description of lands herein is for convenience of reference only, and no error in such description, nor
any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted
mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of
all such lands disturbed.
The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the
requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the
Operator has so complied, shall release this performance thah com compliance has been a, and the Occomplished. The obligationerator from its lon
hereunder, to the extent that the Board determines p
of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with
applicable law.
In further satisfaction of the requirements of the Act, the Operator promises to be responsible for the cost
which
of reclamation up to the amount established by the Board and has attached hereto its financial warranty, ties)
may be amended from time to time. The Operator agrees that it will maintain a financial warranty
(or warran
for the estimated costs of reclamation in good standing and theife of the permit. Please noteColorado Land Reclamation hAcat tnforrthe
the
provisions of the Colorado Mined Land Reclamation Act
Extraction of Construction Materials, any Applicant or Operator that submits proof, acceptable to the Board or
Division of Reclamation, Mining and Safety, that an Applicant or Operator is a unit of County or Municipal
government, or is a department or division of State government, the Applicant or Operator is not required to
submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost
of reclamation up to the amount specified by the
anty and has
If the Board determines that the Operator
t andunder this ample time toocure such dmance efault have been given,
iled to
cure such default, although written notice of such defaul
the Operator's financial warranty shall be subject to forfeiture.
be
ed
This performance warranty may be executed in multiple
he validity , andhnterpretationof which aolf whicht shall be
an
original, but together they constitute only one gre
governed by the laws of the State of Colorado.
-3
The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and assigns.
SIGNED, SEALED AND DATED this 26 day of April
SILT SAND & GRAVEL LLC
Operator
By: Ltll
William M. Roberts
Title:
Member
, 2007
(SEAL)
NOTARIZATION OF OPER/ITOR'S ACKNOWLEDGEMENT
STATE OFC<)(---,=> n. -AP
COUNTY OF P` kz, --b
The foregoing instrument was acknowledged before me this
)ss.
b �l -� �..�. ' — w� R ., A � � (-5 as
Y
`1-44
day of AAPn
M A....1
APPROVED:
State of Colorado
Mined Land Reclamation Board
Division of Reclamation, Mining and Safety
By:
Division Director
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