2002-07-12_REVISION - M1982147 - Laserfiche WebLink

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-4- [V. RECITALS l . On ~,~_, a o~ r Permit Number ~ - ~~r Z-~~ was granted to ~10~ILr= P2~Ynl~ PQ,A1PRkY~r..~uC. (existing operator)("Permittee"),puisuantto which Permittee has been oonduding a mining operation in the County of ~u' 1„ `J ,State of Colorado. 2. Permittce wishes to assign the permit to Lafarge west, inc. (new operators as Successor Operator ("Successor") and Successor wishes to become Successor Pennittee under the permit. , 3. ~ Successor understands that the reclamation plan (the "Plan") required by the permit and by applipble State laws and regulations has not been completed and is willing to assume full responsibility for the completion 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 j~sq ac o upon the approval by the State of the transfer of the Permit from Permittee to Successor, as follows: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the conditions thereof. Successor understands and accepts a[I of the conditions of the Permit. 2. Successor will complete the reclamatidn plan, and hereby assumes liability for completing such plan as to all areas herctofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the Pemuttee under the Permit which have not heretofore been performed by Permittee. 3. Successor hereby tenders to the State its attached Perfomrance and Financial Warranties, which are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, 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 of the provisions of the Colorado Mined Land reclamation Act with respect to any other operation wnducted by it in the State of Colorado. Pernittee 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 acxept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on file with the State.