2002-04-29_REVISION - M1995036 (2)

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-a- N. RECIT.~-.S 1. On October 19 7995 Permit Number M 19Q5t13fi was granted to Ilnitod fmm~ariiac of Mace Cnunty~ Tnr (existing operator)("Permittee"),pursuant[o which Permittee has been conducting a mining operation in the County of Mesa ,State of Colorado. Oldcastle SW Group, Inc. dba 2. Permittee wishes to assign the permit to nn; tail Companies of M®sa County (new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the permit. 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. A FE NT Pernuttee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective )D~.4 f;t~'t4 upon the approval by the State of the transfer of the Permit from Permittee to Successor, as follows: 1. Successor has inspected the mining and reclamation operations to its entue satisfaction and is fully aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to all areas heretofore disturbed, as well as to all azeas hereafter disturbed. Successor will perform all of the obligations of the Permittee under the Permit which have not heretofore been performed by Permittee. 3. Successorherebytenders to the State its attached Performance and Financial Warranties', which are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the release of the latter Warranties. 4. Successor represents to the5tate that, to the best of its latowledge, information and belief, it is not in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other operation conducted by it in the State of Colorado. Pennittee and Successor hereby request the State to consent to tfte assignment of the Permit, to recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on Gle with the State.