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RECEIVED
<br /> JUN 0 6 2024
<br /> KNOW ALL MEN BY THESE PRESENTS, THAT: Colorado Mi Dning lvielonand of SSafetyhmecetion,
<br /> WHEREAS,the Colorado Mined Land Reclamation Act, C.R.S. 1973,34-32-101 etm. (the
<br /> "Act"),as amended,provides that no permit may be issued under the Act until the Mined Land
<br /> Reclamation Board(the"Board")receives a Financial Warranty(or Warranties)as described in the Act.
<br /> WHEREAS, WESTERN SLOPE MATERIALS, LLC (the "Operator"), a Colorado limited
<br /> liability company, has applied for a permit to conduct a mining operation known as the Loesch Pit
<br /> (the "Operation"), on certain lands in Garfield County, Colorado. These lands are described in
<br /> the permit application, as amended and supplemented, and are referred to herein as the"Affected Lands".
<br /> WHEREAS, in the application for the permit, the Operator has agreed to be bound by
<br /> all requirements of the Act and all applicable rules and regulations of the Board, as amended from
<br /> time to time.
<br /> WHEREAS, in the application for the permit,the Operator has agreed with the Board to
<br /> provide for reclamation of the Affected Lands that are now, or may become, subject to the permit, as
<br /> required by law.
<br /> WHEREAS,the Operator and SUNRISE HOLDINGS L.P. (the"Warrantor"),a limited
<br /> partnership organized and existing under the laws of the Commonwealth of Pennsylvania and duly
<br /> authorized to transact business in the State of Colorado are hereby and firmly bound unto the State in
<br /> the sum of Thirty Thousand Four Hundred Sixty Eight and 00/100 Dollars($30,468.00),for the life
<br /> of mine or until such time as replacement is received, for the payment of which sum, well and truly
<br /> made, we hereby bind ourselves and our personal representatives, successors and assigns,jointly and
<br /> severally, firmly by these presents.
<br /> WHEREAS, the Board has determined, in accordance with the Act,that the estimated costs
<br /> of reclamation of the Affected Lands are those amounts for the stated periods of time as set forth
<br /> herein. Said amount may be amended from time to time to reflect revised estimates of said costs of
<br /> reclamation.
<br /> WHEREAS,the Operator and the Warrantor, in accordance with the Act, has promised and
<br /> hereby promises the Board that it will be responsible for all the estimated costs of reclamation with
<br /> regard to the Affected Lands.
<br /> WHEREAS,the Board has determined that this Financial Warranty by the Warrantor equals
<br /> the estimated costs of reclamation, as approved by the Board, with regard to the Affected Lands.
<br /> NOW, THEREFORE, the Operator and the Warrantor are held hereby firmly unto the State
<br /> of Colorado in the amount of those sums for those periods of time as set forth herein, until this
<br /> Financial Warranty is amended or released in accordance with applicable law.
<br /> The Board may,for good cause shown, increase or decrease the amount and duration of this
<br /> Financial Warranty. The Operator shall have sixty(60) days after the date of notice of any such
<br /> adjustment to increase the surety amount, but no such increase shall bind the Warrantor unless and
<br /> until it shall have consented thereto in writing by the issuance of an additional Financial Warranty
<br /> or by an endorsement to this Financial Warranty.
<br /> The Operator and the Warrantor shall notify the Board immediately of any event which may
<br /> impair this Financial Warranty. If the Board receives such notice, or otherwise has reason to believe
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