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DUE DILIGENCE CERTIFICATION <br />The Board wishes to ensure that Prospective Successors are fully informed of their duties and <br />obligations should they become Successor to the Permit. Accordingly, the Prospective Successor <br />must carefully review the items below and must initial indicating its agreement and <br />understanding. <br />If the Application is approved, the Prospective Successor will assume all liability <br />for the reclamation of the affected land, and for compliance with the Hard Rock <br />Act and Rules or the Construction Materials Act and Rules, as applicable (available <br />online at http: / /mining. state. co. us /Rules %20and %2ORegs.htm). Successor will be <br />liable for any pre- existing conditions or violations, whether known or unknown at <br />the time of the SO. It is the Prospective Successor's sole responsibility to <br />investigate the operation prior to filing an Application. <br />If the Application is approved, the Successor will be solely responsible for <br />maintaining the mining and reclamation operations in compliance with the <br />Reclamation Permit. The Permit includes the original approved Application, along <br />with any and all subsequent revisions, amendments, and conversions thereto. It is <br />not uncommon for a Permit to include dozens of documents that span many years. <br />It is the Successor's sole responsibility to obtain a full and complete copy of the <br />Permit and to understand the extent of his/her /its obligations thereunder. Permit <br />documents may be purchased from the Division of Reclamation, Mining and Safety <br />(the "Division ") upon request or viewed on the Division's website at <br />http://dnnsweblink.state.co.us/drmsweblink/search.aspx?dbid=O <br />If the Application is approved, the Successor must submit Annual Fees and Annual <br />Reports to the Division on the anniversary date of the Reclamation Permit. For <br />hard rock and designated mining operations, consult C.R.S. § 34- 32- 127(2) for the <br />amount of the Annual Fee. For construction materials operations, consult the <br />C.R.S. § 34- 32.5 -125 for the amount of the Annual Fee. Required annual reporting <br />information is described in Hard Rock and Construction Materials Rule 1.15 and in <br />the Annual Report Form provided by the Division. Failure to submit Annual Fees <br />or Annual Reports may result in enforcement action. <br />-7- <br />