2012-10-01_REVISION - M1977284 (9)

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Certification: As an authonzed representative of the applicant, 1 hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I . All necessary approvals from local government have been applied for (Rule 1.62(1) and (2)); This entire mining operation will not extract more than 70,000 tons of mineral, overburden, or combination thereof in any calendar year (defined in Rule 1.1(24)); 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man -made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 834- 32- 115(4)(d), C.R.S. 1984, as amended), then mining may within 200 feet Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34 -32 -I l5(4)(f), C.R.S. 1984, as amended). 5. As the applicant/operator, I do not have any mining/prospecting operations in this state of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (Section 34 -32 -120, C.R.S. 1984, as amended) as determined through a Board finding. *(See below.) 6. 1 understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18 -8 -503, C.R.S. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to Section 34 -32 -112, C.R.S., of the Mined Land Reclamation Act. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to Section 34 -32 -123, C R.S. 1 Signed and dated this - ML day of , 401 '— Cotter Corporatio .S.L) If Corporation Attest (Seal) By: ()ZUL€.QJX •Lt�S>11r -'� Corporate Secretary or Equivalent Town/City/County Clerk ture: Title: s10. 1 State of Cdi■sr-bRNV ss. County of SAN b5-1-60 ash t The foregoing instrument was acknowledged before me this j� % i day of �G /v1 (��i2- , 2012. , by KEp( MUSS 4I j i S IGy as I i�-YJv m of CCrrTGQ Co ODR.M Dd (s. L NOTARY RIB' J. o COMM. 11834150 Z My Commission expires: //3b/2 13 Notary Public - California C Z l San Diego County � SIGNATURES MUST BE IN BLUE INK Comm. Ex es Jan. ' 2013 * An exception is that the Mined Land Reclamation Board ( "Board ") issued Findings of Fact, Conclusions of Law, and Order, in the mattes of C'oltei C'orporation's Possible Violations, Cease and Desist Order, Corrective Actions, and Civil Penalties, File No. M -1977 -300, Notice of Violation No MV- 2010 -018, dated August 11, 2010, as amended September 2012, relating to the Schwartzwalder Mine. This exception, however, is being resolved through an Agreement between Cotter Corporation (N.S.L.) and the Colorado Division of Reclamation, Mining and Safety entered into on September 12, 2012 ( "Agreement ") for addressing conditions at the Schwartzwalder Mine and through Application Amendment 4 to Mine Pennit M -I 977 -300. The Board has approved the foregoing Agreement. In that Agreement, Cotter made no admissions.