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Attachment to the memo, Allen Sorenson to Erica Crosby, dated 4-27-03. <br />Following is a listing of selected Hard Rock/Metal Mining Rules that are pertinent <br />to the consideration of water rights deeds of trust submitted by the Henderson Mine <br />and Mill (Permit M-1977-342) on 10-21-02. Where a particular rule refers the <br />reader to a different rule, and that different rule has been included in this summary <br />tabulation, the rule referenced has been underlined. <br />RULE 4: PERFORMANCE WARRANTIES AND FINANCIAL WARRANTIES <br />4.1 GENERAL PROVISIONS <br />(7) Financial Warranties shall be maintained in good standing for the entire life of any <br />permit issued under the Act and these Rules. Financial Wazrantors shall immediately <br />notify the Board of any event which may impair their wazranties. <br />(10) Proof of financial responsibility may be of any type and in such amount authorized <br />herein, subject to approval by the Board or Office. <br />4.1.2 General Requirements -Financial Warranties <br />(3) Any proof of financial responsibility submitted or revised on or after July 1, 1993, <br />shall be in compliance with Paragraphs 4.2.1(1) through (7), and 4.1.2(6) and (71. <br />(5) Each Financial Wazrantor providing proof of financial responsibility in a form <br />described in Subsections 4.3.6, 4.3.7, 4.3.8, 4.3.9, or 4.3.10 shall annually cause to be <br />filed with the Board or Office a certification by an independent auditor that, as of the <br />close of the Financial Warrantor's most recent fiscal year, the Financial Wazrantor <br />continued to meet all applicable requirements of Rule 4. Financial Warrantors who no <br />longer meet said requirements shall comply with Section 4.14. <br />(6) The Board or Office may by permit condition require proof of value on a periodic <br />basis of any Warranty held by the Board. <br />(7) The Board or Office may by permit condition limit certain types of Warranties to <br />specific purposes only or require a designated percentage of the total Warranty be held in <br />easily valued and convertible instruments. <br />(8) The Board or Office may refuse to accept any type of Financial Warranty if: <br />(b) for Deeds of Trust, First Priority Liens or Salvage Credit, the Operator has not <br />complied with Section 4_9; or <br />(c) the Board determines that the Financial Warranty offered cannot reasonably be <br />converted to cash within one hundred and eighty (180) days of forfeiture. <br />(9) Any Operator/Applicant that desires to utilize a Financial Warranty described in <br />Subsections 4.3.6, 4.3.7, 4.3.8, 4.3.9, or 4.3.10 shall pay to the Office an Annual Fee for <br />the reasonable and necessary cost of establishing and reviewing the Financial Warranty. <br />(a) No costs may be chazged hereunder unless and until the Operator/Applicant signs <br />written fee agreements with the Office. Said agreements shall be in such form as the <br />Boazd may prescribe. Invoices pursuant to said agreements shall include a statement for <br />services and expenses included in the total amount; <br />(b) rates charged by the Office hereunder may not exceed prevailing rates for similar <br />services, and shall reflect the actual cost of establishing and reviewing the Financial <br />Warranty; <br />