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-4- <br />IV. RECITALS <br />1. On ~cf~ ~ e r Z 3 19~P~ Permit NutnberM -14~D - l89 was granted to <br />E ~ P a, f O !r r9 •~` n ~y (existing operator) ("Pennittee"),pursuant to which <br />Pertnittee has been conducting a mining operation in the County of E J ~a 3c~ .State of Co1Q~q. <br />I m 1 ~~r-.Q~IO a /7+~ .L/l G. <br />2. Pem»ttee wishes to assign the permit to ~ k , / M.~u.t#.a ~ n /,l~.zi; ~i a ~S (new <br />operator), as Successor Operator ("Successor") and S~r wishes to become Successor Pennittee under the <br />pemtit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the pemtit and by applicable <br />State laws and regulations has not beee completed and is willwg to assume full responsibility for the completion of <br />the PLrn. <br />V. <br />Pemtittee and Successor hereby agree, for their own benefit and for the benefit oftbe State, such agreements to be <br />effective ~ l~L upon the approval by the State of the transfer of the Permit from Permittee ro Successor, as <br />follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware <br />of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. <br />2. Successorwillcotttpletethereclamationplan,andherebyassumealiabilityforcompletingauchplanasto <br />all areas heretofore disnubed, as well as to all areas hereafter disturbed. Successor will perform all of the <br />obligations of the Permittee under the Permit which have sot heretofore been perforraed by Pertnittee. <br />3. Successor hereby tenders ro the State its attached Perfoamoce andFinancial Waranties•, which are ro be <br />substituted for the Performance and Financial Warranties heretofore filed by the Peraiittee, effective upon the <br />release of the latter Warranties. <br />4. Successor represents to the State that, to the beat of its Imowledge, information and belief, it is not in <br />violation of any ofthe provisions of the Colorado Mined Land reclamation Act with respect to any other operation <br />conducted by i[ in the State of Colorado. <br />Permittee and Successor hereby request the State ro consent ro the assignment oftbe Permit, ro recognize Successor <br />as Successor Operaror under the Peimit, and to accept the tendered substitute Performance and Financial <br />Wartaaties in place of the Warranties presently on fde with the State. <br />Thisjorm has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-119, C.RS., ojthe <br />Mined Land RedamaNox Act and 34-3I.5-119, C.RS., ojthe Co(orodo LandReelamatlon Act jor theFatrocNon of <br />ConshucNon Materials. Any alferoNon or modiflcaNon ajthis form shall result in roiding any permit issued on the <br />akered or mod~jortn and subject theoperatarto cease and desist orders and dvil penaltiesjoroperating without a <br />permit pursuant ro sections 34-31-123, L:RS, ojfhe Mined Land Reclamation Act and 34-32.5-123, C.RS, ojthe <br />Coloroda Land Ree(omaNon AM for the P.xtraction of Conatruchan Materials. <br />