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This property is subject to a Notice of Environmental Use Restrictions imposed by the <br /> Colorado Department of Public Health and Environment pursuant to section 25-15-321.5, <br /> Colorado Revised Statutes <br /> NOTICE OF ENVIRONMENTAL USE RESTRICTIONS <br /> WHEREAS, Caldera Mineral Resources, LLC ("Caldera") is the owner of certain real <br /> property commonly referred to as the Camp Bird Mine consisting of approximately acres of <br /> land located approximately 6 miles south of the Town of Ouray, Colorado. The Camp Bird Mine <br /> includes certain tailings piles and other features, as more specifically delineated in the map <br /> attached hereto as Attachment A, (hereinafter referred to as "the Site"); and <br /> WHEREAS,the Hazardous Materials and Waste Management Division of the Colorado <br /> Department of Public Health and the Environment(`the "Department"), which is located at 4300 <br /> Cherry Creek Drive South, Denver, Colorado 80246-1530, is authorized to approve a Notice of <br /> Environmental Use Restrictions pursuant to § 25-15-320(4) of the Colorado Hazardous Waste <br /> Act, § 25-15-101, et seq., C.R.S.; and <br /> WHEREAS, for purposes of indexing in the County Clerk and Recorder's office Grantor- <br /> Grantee index only, Caldera shall be considered the Grantor, and the Colorado Department of <br /> Public Health and Environment shall be considered the Grantee. Nothing in the preceding <br /> sentence shall be construed to create or transfer any right,title or interest in the Site; and <br /> WHEREAS, a portion of the Site, including certain mine waste deposits, is subject to <br /> Permit No. M-82-090, issued in 1982 by the predecessor to Colorado Division of Reclamation, <br /> Mining and Safety("DRMS"), and Technical Revisions 01-05 thereto ("Permit"). That portion <br /> of the Site subject to the Permit is identified as the "Mine Permit Area" on Attachment <br /> A. Pursuant to the Permit, certain reclamation activities have been completed on the Site, and <br /> the DRMS permit and its requirements remain in effect; and <br /> WHEREAS, pursuant that certain Administrative Settlement Agreement and Order on <br /> Consent for Removal Action dated between Caldera,the Bankruptcy Estate of Camp Bird <br /> Colorado, Inc., and the United States Environmental Protection Agency(the "Settlement"), the <br /> Site is the subject of a removal action pursuant to the Comprehensive Environmental Response, <br /> Compensation and Liability Act("CERCLA"), 42 U.S.C. § 9601, et seq. ("CERCLA"); and <br /> WHEREAS, in order to carry out the removal action, Caldera has agreed to perform the <br /> Work, as that term is defined in the Site and the Work Plan attached to the Site; and <br /> WHEREAS,the purpose of this Restrictive Notice is to ensure that the Work remains <br /> protective of human health and the environment; and <br /> WHEREAS, Caldera has asked the Department to approve this Notice of Environmental <br /> Use Restrictions ("Restrictive Notice") as provided in Article 15 of Title 25, Colorado Revised <br /> Statutes <br /> 1 <br />