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DIVISION OF ,N~NER~LS AtiD GEOLOGY <br />department or Natural Resources <br />1 31 ~ Sherman SL, Room 1 . ~ <br />Den;er, Colorado SC'03 <br />Phone: ;3~:,3, 856-3,0' <br />FS>: 3u3) 3s: ~' ~~5 <br />STATE OF COLORADO <br />FNA?~CL~L ~Z-ARR4tiTY <br />~~~ <br />~iqy F`~ <br />Qj`'s'O4 f~ ~® <br />CERTFIC.aTIO'~ 0: of~~o <br />SET ~~-ORTH A\D e~a~~o <br />CERTIFIC.aTION OF FLED ASSETS odCoo~os <br />Operator: Continental Materials Corporation <br />Operation: Table Mountain Quarry <br />Pertrst No.: M-] 999-004 <br />KtiOW ALL I~1EN BY THESE PRESENTS, TH.~T: <br />~~ <br />D I V I S I O N O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MiNlhv'•SAfE7Y i <br />Bill Owens <br />Governor <br />Cr~~ ~. :.~a IC'~r <br />Sxec;...~:e ~ __.c;r <br />nonai~ `v1'. Caran~ <br />Acting Division Director <br />~ za 2, ~~i 3 -c~~ <br />WHEREAS, the Colorado IVlined Land Reclamation Act, C.R.S. 1973 34-32-101 et sue. (the ':4ct"), as <br />amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Boadd") <br />receives a Financial Wananh• (or Warranties) as described in the Act. <br />Continental Materials <br />WN~REAS, Corporation (the "Operator"), a Delaware <br />applied for a permit to conduct a mining operation Imown as Table Mountain Quarr ~corporatior., has <br />certain lands in Fremont County, Colorado. These lands are described in the p termit0appl catoion and <br />are referred to herein as the "Affected Lands". <br />V6'E~REAS, as part of the application for the pernvt, the Operator has agreed to be bound by ail requirements <br />of the Act and al] applicable rules and regulations of the Board, as amended from time to time. <br />V4T-~REAS, in its application for the permit, the Operator has agreed with the Boadd to provide for reclamation <br />of the Affected Lands that are now or may become subject to the permit, as required by law. <br />~%~iEREAS, the Board has determined, in accordance Hith the Act, that the estimated costs of reclamation of <br />the Affected Lands are those amounts for the stated periods of time as set forth in Exhibit B hereto. which may be <br />amended from time to time to reflect revised estimates of said costs of reclamation, - <br />WT~REAS, the Board has determined that the Financial Warranty by the Operator equals the estimated costs <br />of reclamation, as approved by the Boadd, with regard to the Affected Lands. <br />WHEREAS, as proof of its financial responsibility, the Operator has proceeded pursuant to <br />C.RS. 1973, 34-3?-117(VIl)(.~)(B)(C)(D) of the Act and has submitted a certified financial statement for the Operator's <br />most recent fiscal year, attached hereto as Exhibit C, and a certification by an independent auditor, attached hereto as <br />Exhibit D, that as of the close of said fiscal year: <br />a. the Operator's net worth n•as at least ten million dollars and was equal to or heater than [wo times <br />the amount of this Financial Wan'ant<~ (or Warranties); <br />b. the Operator's tangible fixed assets in the united States here worth at least tlveniti• million dollars; <br />