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. - ~ ~. III IIIIIIIIIIilllll <br />STATE OF COLUIZA_ DO <br />DIV-SION OF MINERALS AND GEOLOGY <br />Depanrnenl of Natural Resources ~ ,( rn*~~~. ~•~\ <br />~IoaO 9 siPJau!W to uo~swp ~'~~~C~'gl <br />l t 1 i Shuman SL, Koom ! 15 .^' rte' I <br />Lknvu. CU tlO!03 8BB! ~ ~' vvy,~ ~ `~,~/~~~ <br />F`hnnt~ISU it P66-154% a~~ "'..,~~F~ <br />fn1ltUl;PJ2-8tp5 03/113 a,,w„m,. <br />3~ ~.,..,,,.,. <br />REQUEST FOR TRANSFER OF COAL PERN.IT AND SUCCESSION DF OPERATORS ~~~~";"'~',~;f°~, <br />I. <br />RECITALS <br />A. On July 31. 1996. `, he Mined Land Reclamation 9oard of <br />the Colorado Department of Natural Resources (the "State") granted to <br />Mountayn_Coal Comoanv address P.O. Box 591 <br />Somerset, CO 81434 ("Permittee") permit number <br />c-eo-oo7 (the "Permit") pursuant to which Permittee has been conducting a mining <br />and reclamation operation known as west Elk Mine in the <br />County of cunnisoa State of Colorado. <br />8. Permittee wishes to assign the permit to Moyjntain Cnal f.mm~an~, T..l.c. <br />address P.O. Box 591, Somerset, CO 81434 <br />as Successor Operator ("Successor") and <br />Successor wishes to become Successor Permittee under the permit. <br />C. Successor understands that the reclamation plan (the "Plan") required by <br />the permit and by applicable State laws and reguiations has not been completed and <br />is willing t0 assume full responsibiiity for the completion of the Plan. <br />II. <br />AGREEMENTS <br />Permittee aid Successor hereby agree, for their own benefit and for the <br />benefit of the State, such agreements to be effective ipso facto upon the aPProval <br />by the State of the transfer of the Permit from Permittee to Successor, as follows: <br />1. Successor has inspected the mining and reclamation operations to its <br />entire satisfaction and is fully aware of the condition thereof, Successor <br />understands and accepts ail of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes <br />liability for completing such plan as to all areas heretofore disturbed, aS well as <br />to ail areas hereafter disturbed. Successor will perform all of the obligations of <br />the Permittee under the Permit which have not heretofore been performed by <br />Permittee. <br />