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Construction Materials (C.R.S. § 34-32.5-101 et. seq.) ("Construction Materials Act") and <br /> associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules"), with respect to any other <br /> operation conducted by the Prospective Successor in the State of Colorado. <br /> Permittee and Prospective Successor hereby request that the Mined Land Reclamation <br /> Board ("Board") approves their SO Application, recognizes the Prospective Successor as <br /> Successor Operator under the Permit, accepts the Prospective Successor's Performance and <br /> Financial Warranties, and releases the current Permittee's Performance and Financial Warranties. <br /> •SIGNED, SEALED AND DATED this / day of_01/0-e. <br /> PERMITTEE PROSPECTIVE SUCCESSOR <br /> Marilyn E. Diamond, Bruce A Diamond BV Mining, LLC <br /> Name of P e— Name of Prospe ve-Succes <br /> By <br /> Sign e of ffic r Sigiure of Offi <br /> tax n <br /> Title of Officer Title df Offgcer <br /> NOTARY FOR PERMITTEE <br /> STATE OF ) <br /> ) ss.: <br /> COUNTY OF ) <br /> The foregoing instrument was acknowledged before me this day of <br /> by as of <br /> Notary Public <br /> My Commission Expires <br /> Certificate Attached for <br /> California Notary Wording <br /> - 9 - <br />