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4. Mineral extraction has not occurred at the Schwartzwalder Mine since 2000, <br /> and the site is in final reclamation. Surface reclamation obligations remain at the <br /> site and generally consists of removing waste rock from the valley floor and <br /> reclaiming the excavated areas to wildlife habitat. <br /> 5. The site was the subject of a Division enforcement action in 2010 against the <br /> prior operator, Cotter Corporation, related to a hydrological impact and surface <br /> water discharge from the flooded mine pool to Ralston Creek. The Colorado Mined <br /> Land Reclamation Board ("Board") issued an Order to address mine dewatering to <br /> prevent contaminated water that pooled in the mine from discharging and reaching <br /> Ralston Creek. <br /> 6. On or around October 11, 2017, CLL and Cotter commenced a succession of <br /> operations process in accordance with the Act and Rules. As part of the succession <br /> of operations process, CLL submitted to the Division a Performance Warranty for <br /> the Schwartzwalder mine, Permit No. M-1977-300. A Performance Warranty is, <br /> among other things, a contractual promise from the Operator to the Board that it <br /> will conduct all mining and reclamation operations in compliance with the <br /> requirements of the Act and Rules. <br /> 7. On March 9, 2018, CLL replaced Cotter's financial warranty in the amount of <br /> $4.339 million with Surety Bond Number 1067218 in the amount of$8,900,000.00. <br /> This financial warranty was reduced to the current amount, $7,674,022.00, on <br /> February 19, 2021, to account for surface reclamation completed prior to that date. <br /> The Hanover Insurance Company serves as the Surety and financial warrantor for <br /> the bond. <br /> 8. On or around March 9, 2018, the Board approved the succession of operations <br /> and transfer of the permit making CLL the Operator and Permittee of the <br /> Schwartzwalder mine. The transfer of permit approval included several conditions. <br /> 9. The primary activities occurring at the Schwartzwalder mine are the <br /> treatment of the mine pool through an onsite water treatment facility and <br /> completion of remaining surface reclamation activities described above. As ordered <br /> by the Board, water is pumped from the underground workings of the mine and is <br /> treated using a reverse osmosis system, before it is discharged to Ralston Creek and <br /> ultimately Ralston Reservoir, which provides drinking water to the cities of Denver <br /> and Arvada. CLL holds a discharge permit issued by the Colorado Department of <br /> Public Health and Environment, Water Quality Control Division. <br /> 10. The water treatment plant is operated on a seasonal basis and normally <br /> comes back online in May, with shutdown occurring in October. One of the <br /> conditions of the permit is to maintain the mine pool at an elevation of 150' below <br /> Schwartzwalder Mine/M-1977-300 2 <br />