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AGREEMENT <br /> BETWEEN <br /> Consolidated Constructors, Inc. of Farmington, New Mexico [CCI) <br /> AND <br /> Richardson Construction Co. LLC& Kemple Excavation LLC,of Hesperus,Colorado (RC-KE) <br /> REGARDING <br /> SUCCESSION OF OPERATORS FOR M2003013 AMZAK PIT <br /> WHEREAS,CCI has agreed to transfer the Reclamation Permit M2003013 (for Amzak Pit)to RC-KE; <br /> Whereas,the Colorado Division of Reclamation Mining and Safety(DRMS) requires that a financial warranty <br /> ("bond")be maintained during and following the succession of operators' approval by DRMS; <br /> Whereas,the amount of the bond required to be posted by DRMS needs to be recalculated by DRMS based on <br /> changes to the operations and terrain, and which may require submission by RC-KE and approval by DRMS of a <br /> Technical Revision to ensure that the future bond is sufficient but not excessive; <br /> Whereas,CCI has a bond already posted; and <br /> Whereas,CCI does not have permits or registration for storm water discharge and air emissions from US <br /> Environmental Protection Agency(EPA); <br /> THEREFORE,CCI agrees to maintain the financial warranty for M2003013 (for Amzak Pit)for at least six months <br /> from the date that DRMS approves the Succession of Operators; <br /> CCI agrees to notify both RC-KE and DRMS at least 45 days before they will cease maintaining the financial <br /> warranty, in order to give RC-KE time to post the required financial warranty after the recalculation of the <br /> amount of the bond required; <br /> RC-KE agrees to work diligently to submit all necessary documentation and information to DRMS in a timely <br /> manner to obtain approval of a Technical Revision,to recalculate the amount of the bond required,to obtain <br /> adequate financial warranty,and to submit applications for necessary environmental permits(including storm <br /> water discharge and air emissions); and <br /> RC-KE agrees to keep CCI informed as to progress in the agreed-upon tasks. <br /> Signed and effective as of the date of last signature: <br /> For Consolidated Constructors,Inc. For Richardson Construction Co.,LLC and Kemple Excavation,LLC. <br /> Signed Signed n �1JA 04AA` <br /> Printed Nam/e e Kozimor Printed Name Dawn Richardson <br /> Printed Title President Printed Title Manager <br /> Date 3 'a7— 8 Date <br /> (Notary statement on page 2) <br /> CF: DRMS,CCI, RC-KE,WLI Drafted 21 March 2018 Page 1 of 2 Pages <br />