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-a <br />N. RRCTTAI. <br />1. On March 23 1977 PermitNtunber M 1977020 was granted to <br />Malta Sand and Gravel Co_ (existing operator)("Pennittee"),pursuantto <br />which Pemuttee has been conducting a mining operation in the County of De 1 to ,State <br />of Colorado. <br />Oldcastle SW Group, Inc. dba <br />2. Pennitteewishestoassignthepermitto llni d fnmoaniac of Maca ('.nunty <br />(new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Penmtittee <br />under the permit. <br />3. Successor understands that the reclatna[ion plan (the "Plan") required by the permit and by <br />applicable State laws and regulations has not been completed and is willing to assume full responsibility <br />for the completion of the Play <br />V. AGREEMENTS' <br />Pennittce and Successor hereby agrce, for their own benefit and for the benefit of the State, such <br />agreements to be effective jygQ fa~tQ upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has inspected the training and reclamation operations to its entire satisfaction and is fiilly <br />aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas heretofore distwfied, as well as to all azeas hereafter disturbed Successor will perform <br />all of the obligations of the Penmrittee under the Pemmit which have not heretofore been performed by <br />Permittee. <br />3. Successor hereby tendees to the State its attached Performance and Financial Warranties', which <br />are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, <br />effective upon the release of the latter Warranties. <br />4. Successor represents to theState that, to the best of its lmowledge, information and belief, it is not <br />in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other <br />operation conducted by it in the State of Colorado. <br />Pemmittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize <br />Successor as Successor Operaror under the Permit, and to accept the tendered substitute Perfonmumce and <br />Financial Warranties in place of the Warranties presently on file with the State. <br />