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-4- <br />N. RECITALS <br />1. On ~ D S I ( d~ ~o D 02 Permit Number 1Yl a-UDZ.. - ~ 1 S~ was granted to <br />Ols- 1-1-11_S~tr~ ~,bxY~ftuc~~'ionl C~ (e~stingopperator)("Perttdttee"), PursuanttowhichPecmittee , <br />has been conducting a mining operation in the County of ~ ue r ~Cl N ~ .State of Colorado. <br />~.~~c~ <br />2. Permittee wishes to assign the permit to . 11 Q ~- Sn t,t'4{+l~Q t- tt7 (~ D n7 S'~t^ UC,flD t) (new <br />operator), as Successor Operator ("Successor'? and Successor wishes to become Successor Permittee under the <br />Permit <br />3. Successorunderstandsthatthereclamationplan(the"Plan'~requiredbythepeimitandbyapplicable State <br />laws and regulations has not been completed and is willing to assume full responslbilityfor the c~pletionofthePlao. <br />V. AGREEMENTS <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be <br />effective ipso facto upon the approval by the State ofthe transfer ofthe Permit fi~ Permitteeto Successor; asfoliows: <br />1. Successor has inspectedthe mining and reclamation operations to its erdire satisfaction and is fiilly awaroof <br />the conditions thereof Successor understands and accepts all of the conditions of the Permit <br />2. Successorwillcompletethereclamationplan,andherebyassumesliabilityforcompletingsucd~plrmastoall <br />areas heretofore disturbed; as well as to all areas hereafter disturbed. Successor will perform all ofthe obligations of <br />the Permittee under the Permit which have not heretofore been performed by Pemrittce. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties', which are to be <br />substituted for the Performance andFinanciai Warranties heretofore filedby the Permittee, effectiveupon the release <br />of the latter Warranties. <br />4. SuccessorreptesentstotheStatethat,tothebestofitslmowledge,informationandbelie(;itisnotinviolation <br />of azry ofthe provisions ofthe Colorado Mined LandreclamationActwithrespectto a~ other operationconductedby <br />it in the State of Colorado. <br />Pemrittee and Successorherebyrequestrhe State to consent to the assignment of thePermit, to recognize Succecsot as <br />Successor Operator under the Permit, end to acceptthe tendered substitute Performance and Financial Warranties in <br />place of the Warranties presently on file with. the State. <br />This form has been approved by the Mmed Land Reclmnation Board pursuant to sections 332-119, GRS., offhe <br />Mined Land Reclamation Ad and 3A-32.5-119, GRS-, ofthe Colorado Land Reclamation Ad for the Eat~radion of <br />Construction Materials. Any alteration or moderation of this form shag result in voiding any permit issued on the <br />altered or modifred form andsubjed the operator to ceaseanddesistordersand ervilpawltieaforoperating wit/routa <br />permit pursuant to sections 39-32-Y23, C.RS., of the Mined Land Reclamation Ad and 34-32.5-123, C.RS., of the <br />Colorado Land Reclamatum Adfor the liktradion of Constnuiiox Materials. <br />