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Construction Materials (C.R.S. § 34 -32.5 -101 et. seq.) ( "Construction Materials Act ") and <br />associated Rules (2 C.C.R. 407 -4) ( "Construction Materials Rules "), with respect to any other <br />operation conducted by the Prospective Successor in the State of Colorado. <br />Permittee and Prospective Successor hereby request that the Mined Land Reclamation <br />Board ( "Board ") approves their SO Application, recognizes the Prospective Successor as <br />Successor Operator under the Permit, accepts the Prospective Successor's Performance and <br />Financial Warranties, and releases the current Permittee's Performance and Financial Warranties. <br />SIGNED, SEALED AND DATED this day of—f\ <br />PERMITTEE PROSPECTIVE SUCCESSOR <br />James Van Ella Gold Basin Mine, LLC <br />Name of Permittee Nam f Prospective Su r <br />By B <br />Signature of Officer igaiure o Officer <br />ember <br />Title of Officer Title of Officer <br />NOTARY FOR PERMITTEE <br />STATE OF ) <br />ss.: <br />COUNTY OF ) <br />The foregoing instrument was acknowledged before me this day of , <br />by as of <br />Notary Public <br />My Commission Expires <br />ME <br />