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Mining operations lasted only about three months. At that point in time, Rimrock asked Landmark to complete reclamation as required by the permit. In May, 1994 Rimrock Coal Company signed an agreement with Fishers Peak Land Company and Landmark Reclamation, Inc.. It appears to me the agreement conveyed land ownership to Fisher and permitting obligations and reclamation responsibility to Landmark. However, there is no merttion of a transfer of permit rights. It is unclear to me whether or not this Az3eement for Purchase and Sale of Real and Personal Pr~nerty, dated the ] 8th of May, 1994 constitutes a transfer, assignmem or sale of permit rights. I would like a legal opinion regazding this document. Following the closing of this agreement, Ms. Davis filed for dissolution of the corporation on July 25, ]994. The dissolution was granted on December 12, 1994. Geoffery Waters requested that the NOV be vacated. He contended that Rimrock Coal Company permitted the mine as a sole proprietorship. A second "organization" was formed when the company incorporated in October, 1992. However, Gloria Davis still maintained the permit as the sole proprietor, not as the corporation. Esser-tially, there were dual companies, the sole proprietorship and the corporation, both named Rimrock Coal. Although the corporation of Rimrock Coal Company has been dissolved, the sole proprietor, Gloria Davis still holds the permit. The permit did not transfer as claimed in the NOV. Technically, Gloria Davis is still the permittee and the only "violation" that occurred was that Itimrock did not notify the DMG of the change in address. There aze a couple questions I have regarding this topic. First, The relationship between the AEreement for Purchase and Sale of Real and Personal PrQ~rty_ and Gloria Davis' obligations as permittee aze uncleaz to me. Does that document constitute a sale or assignment of permit rights? Second, with the dual company structure Geoffery Waters described, where the sole proprietor maintains its' own identity and the permit but incorporates, is there an obligation to notify the DMG? (The Secretary of State's office does not requrre sole proprietorships to register. Janet Binns called to verify this after the conference.) Attached is acopy of the Aereement for Purchase and Sale of Real and Personal Prop~Ry. The NOV file is in my box. 1 will be out of town until August 16. I will decide what to do with the NOV after I have an opinion from the AG. Attachment cc. Janet Binns Dan Hernandez