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2. Successor will complete the reclamation plan, and hereby assumes liability for <br />completing such plan as to all azeas heretofore disturbed, as well as to all azeas hereafter disturbed. <br />Successor will perform all of the obligations of the Permittee under the Permit which have not heretofore <br />been performed by Permittee. <br />3. Successor hereby tenders to the State its attached reclamation bond*, which is to be <br />substituted for the bond and surety heretofore filed by the Permittee effective upon the release of the latter <br />bond and surety. - <br />4. Successor represents to the State that, to the best of its knowledge, information and <br />belief, it is not in violation of any of the provisions of the Colorado Surface Coal Mining Reclamation <br />Act with respect to any other operation conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment of the Permit, to <br />recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute bond <br />and surety in place of the bond and surety presently on file with the State. <br />* Attach executed reclamation bond. <br />EXECUTED this THIRDday of SEPTEMBER 2002 <br />H-G COAL COMPANY HAYDEN GULCH TERMINAL, INC. <br />Name of Pernuttee Name of Successor <br />By o I,~VC.(~~ ~ ~ `C' <br />Signature of Offi9 r <br />Vice President, H-G Coal Company <br />Title of Perntittee <br />By ~C7'l~l`~----- ' <br />Sign of Officer <br />OfL;=3l Otysf <br />Title Successor Operator <br />NOTARY FOR PERMITTEE <br />STATE OF z-c.¢.o~~ <br />ss. <br />COUNTY OF <br />The foregoing ins ent was acknowledged before/me this / lo~ day of <br />- .tG ~ tl.~ of f-fT (~ (~.2~ ~ ~.d~GlLbcu-c.u <br />ARY PUBLIC <br />My Commission expires , <br />~~lt-k-c~ ~,~ o?~a3 <br />