2003-05-14_REVISION - M2001005 (2)

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9~ t,(d~ a 1. On Ail 23 2001 Po^nitvumberM-2001 -005 was granted to Castle Concrete Company (e~isring operator) ("?ernirtee"), pursuant to which Pertnitfee has been conducting a mining operation in the County of Fremont State of Colorado. 2. Permitteewzshestoassignthepeanitto Continental Materials Corporation (new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Petntittee under the permit. 3. Successor understands that the reclamation plan (the "Plan") 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 Pcrraittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective jpgq a t upon the approval by the State of the transfer of the Permit from Pertnittee to Successor, as follows: I. Successor has insgeetedthe mining and reclamation operations to its entire satisfaction and is frilly aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to all azeas heretofore disturbed, as well as to all azeas hereafter disturbed. Successor will perform all of the obligations of the Permittee tinder the Permit which have not heretofore been performed by Permittee. 3. Successor hereby tenders to the State its attached Performance and Financial Warranties', which are to be substituted for the Performance and Financial Warranties heretofore filed by the Pemuttee, effective upon the release of the latter Warranties. 4. Successor rt'presenu to the State that, to the best of its lmowledge, infoanation and belief, it is not in violation of any of the provisions of the Colorado Vlired Land reclamation Act with respect to any other operation conducted.by it in the State of Colorado. Pennittee and Successor hereby request the State to consent to [hc assietur:ent of the Permit, to recognize Successor as Successor Operator under the Pen:rit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on 51e with the State.