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Mr. Berhan Kefflew <br />April 8, 2011 <br />Page 14 <br />The current reclamation/closure liability includes: <br />$44,713,931 Reclamation Cost Estimate prior to MLE Amendment 9 <br />$36,594,665 Construction Phase of MLE Amendment 9 <br />$4,420,000 Current portion of Phase 5 VLF <br />Equals: <br />$85,728,596 MLE Reclamation Cost Estimate w/ partial Phase 5 <br />Additional Reclamation Cost Estimates submitted since approval of MLE Amendment 9: <br />$133,866 Technical Revision # 58 <br />$17,207 Technical Revision # 59 <br />Equals: <br />$85,879,669 Current Reclamation Cost Estimate <br />Financial Warranty Instruments: Per 2CCR 407-1, 407-4, and Rules 1.15(1)(a) <br />• Financial Warranty/Letter of Credit No. from the Dresdner Bank AG, <br />New York Branch, in the amount of $33,331,600.00, was submitted to DRMS on <br />July 16, 2004. <br />• On November 1, 2010, DRMS accepted the submittal of a rider to the Bank of <br />Nova Scotia Irrevocable Letter of Credit No. to increase the <br />amount to $45,120,000 (an increase of $4,420,000 to cover initial portion of <br />Phase 5 VLF) for the Cresson Project. <br />• In addition, Liberty Mutual Surety Bond No. was increased to <br />$7,922,271.21 on April 30, 2004. <br />These financial instruments, providing a total financial warranty of $86,373,871, have <br />been accepted by the DRMS and continue to demonstrate the sufficiency of the value of <br />the Cresson Project Financial Warranty. This leaves a current surplus of financial <br />warranty of: <br />$86,373,871 Posted Financial Warranty <br />$85,879,669 Current Reclamation Cost Estimate (partial Phase 5 VLF) <br />$494,202 Current Surplus <br />Additional reclamation liability to be bonded in 2011: <br />$13,266,069 Remainder of Phase 5 VLF liability <br />Total Reclamation Cost Estimate with 100% of Phase 5 VLF and current TRs: <br />$99,145,738