2002-04-22_REVISION - M1977132 (2)

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_~. N. RE_CIT. On February 79 , ?nnn Permit Number M_t o»_r ~~ was granted to 14nitarl'Cmm~aniPe nf' Maca rrn~nry„ ~~ (existing operator)("Permittee"),pursuantto which Perrnittee has been conducting a mining operation in the County of Rio B 1 onto ,State of Colorado. Oldcastle SW Group, Inc. dba 2. Permitteewishestoassignthepennitto iin;+ed Companies of Mesa Couut~c. (new operator), as Successor Operator ("Successor") and Successor wrshes to become Successor Pennittee under the permit. 3. Successor understands that the reclamation plan {the "Plan") required by the permit and by applicable State laws and regulations has not been completed and is willing to assutne full responsibility for the completion of the Plan. V. AGREEMENTC Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective ~2 ~t4 upon the approval by the State of the transfer of the Permit from Permittee to Successor, as follows: 1. Successor has inspected the minhtg and reclamation operations to its entire satisfaction and is fully awaze of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the Perwittee under the Permit which have not heretofore been performed by Permittee. 3. Successorhereby readers to the State its attached Perfornance and Financial Warranties', which aze to be substituted for the Performance and Financial Warranties heretofore filed by the Pennittee, effective upon the re]ease of the latter Warranties. 4. Successor represents to the State that, to the best of its lmowledge, 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 operation conducted by it in the State of Colorado. Perauttee 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.