2002-07-23_REVISION - M1990144 - Laserfiche WebLink

Home Browse Search

_4. IV. RECITALS 1. On Z ~ 11 , 9q9 Permit Number m~~ ggl7~ ~5~ was granted to L1IES1Ei(N moA~t.ESwn+~tnJ,ruc '(existing operator)!"Permittce"),puisuantto which Permittce has been oondud'mg a mining operation in the County of pd~ g ~ ° State of Colorado. 2. Permittce wishes to assign the permit to Lafarge west, Inc. (new operator), >u Successor Operator ("Successor") and Successor wishes to become Successor Permittce under the permit 3. Successor understands that the reclamation plan (the "Plan's 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. AGREEMENTS Pertnittce and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective jps~ a o upon the approval by the State of the transfer of the Permit from Pernmittee to Successor, as follows: l . Sucossor 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 Permit. 2. Successor will oomplde the rcelamatidn plan, and hereby assumes liability for completing such plan as to all areas hertxofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the Pemtittce under the Pemtit which have not heretofore been performed by Pe[mittce. 3. Sucossor hereby tender: to the State its attached Performance and Financial Warranties, which are to be substituted for the Performance and Financial Waratties heretofore filed by the Permittce, effective upon the release of the latter Warranties. 4. Successor represents to the State that, to the best of its knowledge, information and belief, it is not in violation of any ofthe provisions of the Colorado Mined [.and reclamation Act with respect to any other operation conducted by it in the State of Colorado. Pertnittce and Successor hereby request the State to consent to the 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 [he Warranties presently on file with the State.