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- 6 - <br />DUE DILIGENCE CERTIFICATION <br />The Board wishes to ensure that Prospective Successors are fully informed of their duties and <br />obligations should they become Successor to the Permit. Accordingly, the Prospective Successor must <br />carefully review the items below and must initial indicating its agreement and understanding. <br />lviA5 If the Application is approved, the Prospective Successor will assume all liability for the <br />6,1-04 reclamation of the affected land, and for compliance with the Hard Rock Act and Rules or <br />the Construction Materials Act and Rules, as applicable (available online at <br />http://mining. state. co. us /Rules %20and %20Regs.htm). Successor will be liable for any pre- <br />existing conditions or violations, whether known or unknown at the time of the SO. It is <br />the Prospective Successor's sole responsibility to investigate the operation prior to <br />filing an Application. <br />MAs <br />eofrovi <br />If the Application is approved, the Successor will be solely responsible for maintaining the <br />mining and reclamation operations in compliance with the Reclamation Permit. The <br />Permit includes the original approved Application, along with any and all subsequent <br />revisions, amendments, and conversions thereto. It is not uncommon for a Permit to <br />include dozens of documents that span many years. It is the Successor's sole responsibility <br />to obtain a full and complete copy of the Permit and to understand the extent of his /her /its <br />obligations thereunder. Permit documents may be purchased from the Division of <br />Reclamation, Mining and Safety (the "Division ") upon request or viewed on the Division's <br />website at http: / /drmsweblink. state. co. us /drmsweblink/search.aspx ?dbid =0 <br />If the Application is approved, the Successor must submit Annual Fees and Annual <br />Reports to the Division on the anniversary date of the Reclamation Permit. For hard rock <br />and designated mining operations, consult C.R.S. § 34- 32- 127(2) for the amount of the <br />Annual Fee. For construction materials operations, consult the C.R.S. § 34- 32.5 -125 for the <br />amount of the Annual Fee. Required annual reporting information is described in Rule <br />1.15 and in the Annual Report Form provided by the Division. Failure to submit Annual <br />Fees or Annual Reports may result in enforcement action. <br />