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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />Operator <br />STATE OF COLORADO <br />RECEIVED <br />MAY 17 2013 <br />Durango Field Office <br />Division of Rec!amation <br />Mining and Safety <br />FINANCIAL WARRANTY <br />CHECK FOR DEPOSIT IN STATE TREASURY <br />Ouray 79 Mining, LLC <br />Operation Wanakah Mine <br />Permit No. F �9 / 3— 001 Check No. 22--191 <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />RECEIVED <br />MAY 4 t� , <br />Division of Reclamation, <br />Mining & Safety <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34 -32 -117, C.R.S., of <br />the Mined Land Reclamation Act and 34- 32.5 -117, C.R.S., of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials. Any alteration or modification of this form, without approval by the <br />Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in <br />conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil <br />penalties for operating without a permit pursuant to sections 34 -32 -123, C.R.S., of the Mined Land <br />Reclamation Act and 34- 32.5 -123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34 -32 -101 et seq. (the "Act "), as amended, <br />provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board ") receives a <br />financial warranty (or warranties) as described in the Act. <br />WHEREAS, Ouray 79 Mining, LLC (the "Operator), a <br />Texas limited liability company corporation, has applied for a permit to conduct a mining operation known as <br />Wanakah Mine (the "Operation "), on certain lands in Ouray Comity, <br />Colorado. These are described in the permit application, as amended and supplemented, and are referred to herein as the <br />"Affected Lands ". <br />WHEREAS, in the application for the permit the Operator has agreed to be bound by all requirements of the Act and <br />all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of <br />the Affected Lands, that are now or may become subject to the permit, as required by law. <br />Office of Office of <br />Mined Land Reclamation Denver - Grand )unction - Durango Active and Inactive Mines <br />