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APPLICANTS' AGREEMENT TO REQUEST TRANSFER <br /> OF MINERAL PERMIT AND SUCCESSION OF OPERATORS <br /> WHEREAS, on February 22 ' 2010 Permit Number M-2009-0136 _(-Permit") <br /> was granted to Flintstone Gravel&Trucking, Inc. ("Permittee"). <br /> pursuant to which Permit. Permittee has engaged in a mining operation located in <br /> Grand County, Colorado. <br /> WHEREAS, The Permit includes and incorporates any and all subsequent Amendments, <br /> Technical Revisions and:'or Conversions. <br /> WHEREAS. Permittee wishes to assign the entire Permit. along with all associated rights and <br /> responsibilities to Flintsione Gravel Pk Inc_ ("Prospective <br /> Successor"), and Prospective Successor wishes to become Successor Permittee under the Permit. <br /> WHEREAS. Prospective Successor has inspected the mining and reclamation operations and is <br /> fully aware of the conditions thereof. <br /> WHEREAS. Prospective Successor understands that the Reclamation Plan (the "Plan") is an <br /> integral part of the Permit and is required by law. Prospective Successor has had an opportunity <br /> to thoroughly review the Plan, understands that the Plan has not been completed and that, if <br /> Prospective Successor becomes Successor, helshelit will assume full responsibility for the <br /> completion of the Plan. <br /> NOW THEREFORE, Permittee and Prospective Successor hereby agree, for their own benefit <br /> and for the benefit of the State, as follows: <br /> Prospective Successor agrees to accept all of the conditions of the Permit. including the <br /> condition that the operation remains in compliance with all applicable laws and regulations, and <br /> to perform all ofthe obligations of the Permittee under the Permit. <br /> Prospective Successor agrees to complete the Plan, and to assume all liability for the <br /> same. as to all areas presently disturbed, as well as to all areas hereafter disturbed. <br /> Prospective Successor agrees to submit to the Division of Reclamation. Mining and <br /> Safety ("Division"), Performance and Financial Warranties. as required by applicable la« and <br /> regulations, which will be substituted for the Performance and Financial Warranties previously <br /> filed by the Permittee, if and when the Division approves a Transfer of Mineral Permit and <br /> Succession of Operators ("SO") and releases the latter Warranties. <br /> Prospective Successor represents to the State that, to the best of its knowledge. <br /> information and belief, it is not in violation of any of the provisions of the Mined Land <br /> Reclamation Act (C.R.S. § 34-32-101 eat. seq.) ("I lard Rock Act") and associated Rules (2 <br /> C.C.R. 407-1) ("Hard Rock Rules') or the Land Reclamation Act tar the Extraction of <br /> - R - <br />