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_y_ <br />rv. >zECrrALs <br />1. On Aueust 4 1998* PernritNtunberM,1946-052 was granted to <br />[twens R nth rs ('nncrera ['cmz~.~ (ezistingoperator)("Permittee"),pursuantto whtch <br />Pertnittee has been conducting a mining operation in the County of Weld State of Colorado. <br />2. Permittee wishes ro assigatbepemtit ro Ready Mixed Concrete Company (new <br />operator), as Successor Operator ("Successor") and Successor wishes ro become Successor Permittee under the <br />permit. <br />3. Successor understands that the reclamation plan (the "Plan") rem+imd by the pemtit and by applicable <br />State laws and regulations has notbeen completed and is willing ro assume full responstbility for the completion of <br />the Plan. <br />V. <br />Pemrittea and Successor hereby agree, fortheir own benefit and for the benefit ofthe State, such agreements ro be <br />effective IDSO fac upon the approval by the State of the transfer of the Petmit from Petmittee ro Successor, as <br />follows: <br />1. Successor has inspected the mining and reclamationopemtionstoitsentiresatisfictionandisfullyaware <br />of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamationplan, attdbereby assumes]iabilityforcompleting such planes to <br />all areas heretofore disturbed, as well as ro all areas hereafter disturbed. Successor will perform all of the <br />obligations of the Permittee under the Permit which have not heretofore been performed by Pennittee. <br />3. SuecessorherebytenderstotheStateitsattachedPerformanceandFinancialWartanties"',wbieharetobe <br />substituted for the Performance and Financial Wananties hererofore fded by the Petndttee, effective upon the <br />release of the latter Wazranties. <br />4. Successor represents to the Stale that, to the best of its Imowledge, information and belief, it is not in <br />violation of any ofthe provisions ofthe Colorado Mined Land reclamation Act with respectro any otheroperation <br />conducted by it in the State of Colorado. <br />Permittee and Successor herebyreques[ the State to consentro the assigntrtent ofthe Permit, ro recognize Successor <br />as Successor Operator under the Pemut, and to accept the tendered substitute Performance and Financial <br />Warranties in place of the Warranties presently on fde with the Shte. <br />This form has been approved by the Mined Land Reclamation Board pursuant fo setftons 34 32-179, C.1P.S., ofthe <br />Mined Zaxd Reclamation Act and 34-32.5-II9, C RS., ojthe Colorado LandReclamadon Aetfor theExtraction of <br />ConshrrcNan Materials. Any alteration or modlfrcafton ojthts form shall result in voiding any permit Issued on the <br />ahe~ed or modifledform and subjec! the operatorto cease anddesist orders and civilpexal&esfaroperaturg witkout a <br />permit pursuant fo sections 34-32-123, GRS, of the Mixed LandReclamatlon Act and 34-32.5-123, GRS, ojfhe <br />Colorado Land Reclamation Act jor the Extraction of Construcemn Materials. <br />t`The Division's 112c Decision Letter and Request for Financial and Performance <br />Warranty issued on July 16, 1997. <br />