2004-10-14_REVISION - M1996052 (2)

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-4- IV. RECITALS 1. On August 4 1998* Permit NumberM-:1946-052 was granted to Owens Brothers ftnnrrete Company (existing operator)("Permittee"),putsuanttowhich Permittee has been conducting a mining operation in the County of Weld State of Colorado. 2. PemiltteewishestoassignthepermittoReady Mixed Concrete Company (neu, operator), as Successor Operator ("Successor") and Successor wishes [o becorra: Successor Pemuttee under the permit. 3. Successor understands that the reclamation plan (the "Plan") required by the pemdt and by applicable State laws and regulations has notbeen completed and is willing to assume full responsibility for the completion of the Plan. V. Pemdttee and Successor hereby agree, for their own benefit and for the benefit ofthe State, such agreements to be effective Aso facto upon the approval by the State of the ramsfer of the Permit from Permittee to Successor, as follows: I. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fullyaware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will complete the rechunation 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 Permittee under the Permit which have not heretofore been performed by Pernuttee. 3. Successor hereby tenders to the State ifs attached Perfom~ance and Financial Warranties', which are to be substituted for the Performance and Financial Warranties heretofore fded by the Permittee, effective upon the release of the latter Warranties. 4. Successor represents to the State tha; to the best of its Imowledge, infomtafion and belief, it is no[ in violation of any ofthe provisions of the Colorado Mined Land reclamation Act with respect [o any other operation conducted by it in the State of Colorado. Pemtittee and Successor hereby request the State to consent to the assignment ofthe Pemri; to recogoiu Successor as Successor Operator under the Permit, and to accept the tendered substitute Perfornance and Financial Warranties in place of the Warranties presently on fde with the State. This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-119, C.RS., of the Mined Land Reclamation AM and 34-32.5-I19, C.RS., ojtke Colorado LandReciamation AMjor 1heExtraction of Construction Materia!& Any alteration or modification ojthis jorm shall resuh in voiding any permU issued on the altered ar modified jorm and subject the operator to cease and desist orders and civil penalNesforoperating without a permit pursuant to sections 34-32-123, C.RS., of the Mined Land Reclamation Acr and 34-32.5-123, C.RS., of the Colorado Land Reclamation Ad for the IaYraetion of Construction Materials. *The Division's 112c Decision Letter and Request for Financial and Performance Warranty issued on July 16, 1997.