2002-03-19_REVISION - M1990021 ‎(3)‎

• Permit No: M1990021
• IBM Index Class Name: Revision
• Doc Date: 3/19/2002
• Doc Name: Succesion of Operators
• From: DMG
• To: Oldcastle SW Group Inc. dba United Companies of Mesa County
• Type & Sequence: SO1
• Media Type: D
• Archive: No

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IV. RECITALS
1. On .lanuary 24 1991 Permit Number M 1990021 was granted to
Ilni ted fomnani es (existing.operator) ("Pennittee"), pursuant to
which Pemdttee has been conducting a mining operation in the County.of -Mesa .State
of Colorado.
2. Permittee wishes to assign the permit to O1 dcastl a SW Group. Inc.
(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 wmpletion of the Plan.
V. AGREEMENTS
Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such
agreements to be effective 1R~4 ~ upon the approval by the State of the transfer of the Permit from
Pemuttee to Successor, as follows:
1. Successor has inspected the mining and reclanation operations 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 complete the reclamation plan, and hereby assumes liability for completing such
plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform
all of the obligations of the Pemuttce under the Permit which have not heretofore been performed by
Permittee.
3. Successor hereby tenders to the State its attached Performance and Financial Warranties*, which
are to be substituted for the Performance and Financial Waranties heretofore filed by the Pennittee,
effective upon the release of the latter Warranties.
4. Successpr represents to the State that, to the best of its knowledge, 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.
Pertnittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize
Successor as Successor Operator under the Pemmit; and to accept the tendered substitute Performance and
Financial Warranties in place of the Warranties presently on file with the State.