2004-10-14_REVISION - M2001046 - Laserfiche WebLink

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-4- RECITALS IV. 1. Oa May 30, 2003 Owens Brothers Concrete Comz Permit Number M-2001-046 was ganted to _ (existing operator) ("Permittee"), pursuant to which Permittee has been conducting a mining operation in the County of Weld State of Colorado. 2. Pemtittee wishes to assign the permit to Ready Mixed Concrete Company (new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Pemilttee order the pemilt. 3. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable State laws and regulations has no[ been completed and is willing to assume full responsibility for the cotttQletion of the Plan. V. Pemilttee and Successor hereby ogee, for their own benefit and for the benefit of the State, such ageements to be effective ipso facto upon the approval by the State of the ttansfer of the Permit from Permittee to Successoq as follows: I. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the conditions thereof. Successor understands and accepts all of the conditions of the Pemtit. 2. Successor will complete the reclamation plan, and hereby assumes liabilityforrnmplefingsuchplanasto all areas heretofore disturbed, as well as to all aeeas hereafter disturbed. Successor will perform all of the obligations of the Permittee under the Permit which have not heretofore been performed by Pemuttee. 3. Successor hereby tenders to the State its attached Perfomance 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 the State tha; to the best of its lmowledge, information and belief, it is not in violation of any of the provisions ofthe Colorado Mined Land reclamation Act with respect to any other operation conducted by it in the State of Colorado. Pemrittee and Successor hereby request the State to consent to the assignment ofthe Pemri; to recognize Successor as Successor Operator under rite Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on file with the State. This jorm has been approved by 1heMined Land Reclamation Boardpursuant to sections 34-32-119, GRS, ofthe Mined Land Reclamatiox Act and 34-32.5-]19, C.RS., ojthe Colorado Land Reclamation Act jor theF,xtraction aj Construction Materials. Any alteration or modijlcation ojthis jorm shall result in void/ng any permb' issued on the altered or modified jorm and subJect the operatorto cease and desist orders and civil penaHiesjoroperating whhour a permit pursuant to sections 34-32-123, C.RS, ajtheMined LandReclamadon Act and 34-32.5-123, C.RS., ojthe Colorado Land ReclamoNon Ad jor the Eztractlon ojConstruction Materials.