2003-11-06_REVISION - M1987024 (2)

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_q- N. RECITALS 1, On April 17 .1987 Permit Number M-1987-024 was graztted ~ Robert D. & Lavelle Corey (existing operator) ("Permittee"), pursuant to which Permittee has been conducting a touting operation in the County of Montrose ,State of Colorado. 2 permitter wishes to assign the permit to Western Gravel, Inc. (ttew operate), as Successor Operate ("Sum") and Successor wishes to becoate Successor Permittee under the pettttit 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 assume full responsibility for the completion of the Plan. V. AGREEMENTS Permittce and Successor hereby agree, for their own benefit and far the benefit of the State, such agreements to be effective its fads upon the approval by the State of the transfer of the Permit from Permittee to Successor, as follows: 1. Suceessor has io~ected the mining and reclamaticn operatims to its entire satisfaction and is fully aware of the conditions thereof Successor understands and accepts all of the conditions of the Permit. 2. Successor will cbmptete the tecLtmatioa plan, and hereby assumes liability for completiug such plan as to all areas heretofore disnubad, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the Permittce under the Permit which have oar heretofore been performed by Permittee. 3. Successor hereby tenders to the State ifs attached Performance and Financial Warranties", which aze to be substituted fe the Performance and Financial Warranties heretofore 51ed by the Permittee, effective upon the releatse of the Later Warrmttics. 4. Successor represents to theState that, to the best of its lmowledge, information and belief; u is not in violation of any of the provisions of the Colorado Mined Land reclamation Ad with respell to any other operation conducted by it in the State of Colorado. Petmitice and Suaesse hereby request the State to consent to the assigmneni of the Permit, w recognize Suceesse as Successor Operate under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on Ella with the State.