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EXHIBIT E—GOVERNMENTAL COMPLIANCE CMS 62167 <br /> The following is in partial clarification of the requirements of some of the local and state authorities having <br /> jurisdiction over the activities of the Lessee under the Lease. This is not, nor is it intended to be, a comprehensive <br /> listing; Lessee shall demonstrate full compliance with all applicable regulatory and governmental entities with <br /> jurisdiction over Lessee and Lessee's operations pursuant to the Lease. <br /> 1. Local Requirements <br /> A. Planning,Zoning,and Building Code requirements. <br /> DOC's statutory exemption from local planning and zoning control,for the construction,expansion, <br /> renovation,or improvement of state-built and operated department of a corrections facility(§17-1- <br /> 104.6 C.R.S.)does not extend to,transfer to,or otherwise benefit Lessee. Lessee shall fully and <br /> completely comply with all local planning,zoning,and building requirements,including,but not <br /> limited to,Chaffee county's(i)land use code,(ff)1041 regulations,and(Hi)building codes and <br /> standards,as amended and adopted by the county. <br /> B. Noxious Weed Control Program <br /> Lessee shall comply with Chaffee County's noxious weed control program. <br /> C. General Property Use Code Requirements <br /> Lessee shalt comply with Chafee County's code requirements for use and maintenance of property in <br /> the county. <br /> 2. Colorado Department of Natural Resources,Mined Land Reclamation Board(61MI.RB") Division <br /> of Reclamation,Mining,and Safety("DRMS") <br /> A. Lessee shall contact DRMS to confirm and clarify which of Lessee's operations is subject to DRMS <br /> and MLRB oversight. <br /> B. Lessee shall comply with all requirements of DRMS and MLRB,including its rules,regulations, <br /> policies,and guidance,including but not limited to(1)the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials,and(ii)the"Mineral Rules and Regulations of the Colorado <br /> Mined Land Reclamation Board for the Extraction of Construction Materials." <br /> C. Financial Warranty <br /> L Regardless of Mined Land Reclamation Board("NLRB")identified options for <br /> providing required financial warranty for reclamation and restoration of the Leased <br /> Premises,Lessee shall utilize only either a)a performance bond;b)Certificates of <br /> Deposit(CD);or,c)a Treasury escrow. <br /> il. Before Lessee files its request or application for release from financial warranty with <br /> the MLRB(hereafter,the"Application for Release'},Lessee shall secure DOC <br /> permission and consent to file the Application for Release,documenting to DOC's <br /> satisfaction Contractor's compliance with the reclamation requirements provided in <br /> this Lease. Upon receipt of DOC's consent,Lessee may file its Application for <br /> Release with the MLRB;Lessee shall identify DOC as an"owner of record to the <br /> affected land,"in the Application for Release,pursuard to Rule 4.17.1.2 of the Mineral <br /> Rules and Regulations of the Colorado Minded Land Reclamation Board for the <br /> Extraction of Construction Materials,or its successor rule. Lessee shall serve a copy <br /> of the Application for Release on DOC pursuant to§18 of the Lease simultaneously <br /> with filing it with the MLRB. Lessee's failure to observe these obligations shall result <br /> in the immediate breach of this Lease,without the notice and cure period set forth in <br /> §16.B.of the Lease. <br /> D. Restoration and Reclamation Plan <br /> Lessee shall first obtain Lessor's written consent for any variance from the MLRB approved <br /> reclamation plan before seeking MLRB approval of the variance. <br /> 3. Colorado Department of Public Health and Environment,Water Quality Control Division <br /> CIWQCD") <br /> Exhibit E-1 <br /> �) -ao <br />