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F1 iA-(, <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />:,4Q,41 <br />Sherman St., Room 215 <br />CO RA D <br />V I S I O N O <br />Denver, Colorado 80203 <br />RCL1313 <br />AMATIO <br />Phone: (303) 866 -3567 <br />MINING <br />FAX: (303) 832 -8106 <br />—&— <br />SAF ETY <br />PERFORMANCE WARRANTY <br />Operator: Eagle Peaks Mining, LLC <br />Operation: Bullger Basin Placer <br />Permit Number: M -0985 -022 <br />This form has been approved by the Mined Land Reclamation Board ( "Board') pursuant to <br />the Mined Land Reclamation Act (C.R.S. § 34 -32 -101 et. seq.) ( "Hard Rock Act') and <br />associated Rules (2 C.C.R. 407 -1) ( "Hard Rock Rules ") and the Land Reclamation Act for the <br />Extraction of Construction Materials (C.R.S. § 34- 32.5 -101 et. seq.) ( "Construction Materials <br />Act ") and associated Rules (2 C.C.R. 407 -4) ( "Construction Materials Rules "). Any alteration <br />or modification of this form, without approval by the Board shall result in the performance <br />warranty being invalid and result in the voiding of any permit issued in conjunction with such <br />invalid performance 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 Hard <br />Rock Act and 34- 32.5 -123, C.R.S. of Construction Materials Act. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34 -32 -101 et M. (the <br />"Hardrock Act "), as amended, and the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, C.R.S. § 34- 32.5 -101 et sue. (the "Construction Materials Act "), as <br />amended (collectively the "Acts "), provide that no permit may be issued until the Mined Land <br />Reclamation Board (the "Board ") receives a performance warranty consisting of the Operator's <br />written promise to comply with the requirements of the Hardrock or Construction Materials Act, <br />whichever is applicable. <br />WHEREAS Eagle Peaks Mining, LLC <br />(the "Operator "), has applied for a <br />permit to conduct a mining operation known as Bullger Basin Placer <br />(the "Operation ") on certain lands in Park County, Colorado. These <br />lands are described in the permit application, as amended and supplemented, and are referred to <br />herein as the "Affected Lands." <br />WHEREAS, in its application for the permit, the Operator has agreed to be bound by all <br />requirements of the Hardrock or Construction Materials Act and all applicable rules and <br />regulations of the Board, as amended from time to time. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and <br />Inactive Mines <br />