2005-12-09_REVISION - M1995009 (2)

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-4- IV. RECITALS 1. On Anri 1 5 .1995 PennitNumber M-95-009 was granted to Fisher Sand S Gravel Company (existing operator)("Permittee"),pursuanttowhich Permittee has been conducting a mining operation in the County of K 1 t Carson State of Colorado. 2. Permitteewishestoassignthepermitto Dorman Brothers L.L.C. (new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Pemrittee under the permit. 3. Successor understands that the reclamation plan ([he "Plan") required by the permit and by applicable State laws and regulations has not been completed and is wtlling to assume full responsibility for the completion of the Plan. V. AGREEMENTS Pemrittee and Successor hereby agree, for their owa benefit and for the benefit ofthe State, such agreements to be effective 1D50 facto upon the approval by the State of the transfer of the Permit from Permittee to Successor, as follows: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit 2. Sucuessorwillcompletetheteclamationplan,andherebyassumesliabilityforcompletingsuchplanasto all azeas heretofore disturbed, as well as to all azeas hereafter disturbed. Successor will perform all of the obligations of the Permittee under the Permit which have not heretofore been performed by Permittee. 3. Successor hereby tenders [o the State its attached Performance and Financial Warranties, which aze to be substituted for the Perfortnaace and Financial Warranties heretofore filed by the Permittee, effective upon the release of the tatter Warranties. 4. Successor represents to the State that, to the best of its Imowledge, information and belief, it is not in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other operntion conducted by it in the State of Colorado. Permittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on file with the State. Thu jorm has been approved by the Mined Land Recfamatian Board pursuant to sections 34-31-119, C.RS., ojthe Mixed Land Reclamation Act and 34-31.5-119, C.RS., ojthe Colorado Land Reclamatiox Ad far theExtraction of Construction Materials. Any alteration or modification ojthfs form shall result in voiding any permit issued on the altered or modified farm and subject the operator to cease and desist orders and civilpenaltiesjor operating without a permit pursuant to sectioxs 34-32-123, C.RS., ojtheMined Land Reclamation Act and 34-32.5-113, C.RS., ojthe Colorado Land Reclamation Act for the Extraction ojCanstruclion Materials.