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Department of Natural Resour-== ^W.~`;?y ~~"•i.'.lF. ~ N.... 1313 Sherman St., Room 215 4 AY 0 8 19 r ~75 Denver, CO 80203 •~ 8 ~'~ 303 866.3567 110°CI wand ,e,b Fq%:303 832-8106 Q2rl2motirln n"' -:.,•• R Romer. w Governor Fred R. Banta, Dnivon Drtector REQUEST FOR ~R.4NSFER OF COAL PERMIT AND SUCCESSION Of OPERATORS I. R=CITALS A. On January 24 1989 , .he Mined Land Reclamation Board of the Colorado Department of Natural Resources (the "State") granted to Wyoming Fuel Company address 10250 Hwy. 12, Weston, Co 81091 ("Permittee") permit number C-81-012 (the "Permit") pursuant to which Permittee has teen Conducting a mining and reclamation operation known as New Elk Mine in the County of Las animas State of Colorado. 3. Permittee wishes to assign the permit to Basin Resources, Inc. dddre55 14300 Hwy, 12, Weston, CO 81091 , as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the permit. C. 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 assume full responsibility for the completion of the Plan. II. AGREEMENTS Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, Such agrzements to be effective ip50 facto upon the approval by the State of the transfer of the Permit from Permittee to Successor, as follcws: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the condition thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will completz the rec~amation plan, and hereby assumes liabi]ity for completing such plan, as to all areas hzrztofcr2 disturbed, as well as *.0 311 areas hereafter disturbed. Successor will Derform ail of the obligations of the Permittee under thz Permit which have act heretofore teen performed by Permittee.