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.~ .. <br />-~- <br />I4'. RECIT.4L.S <br />On December 30 1977 permit Number 77-446 was granted to <br />I.a Plata County- ~ (existing operator) ("Permittee"), pursuant to <br />which Permittee has been conducting a mining operation in the County of La Plata ,State <br />of Colorado. <br />2. Pcrmittce wishes to assign the pcmrit to Sheldon Gosney <br />(new operator), as Successor Qperator ("Successor") and Successor wishes to become Successor Peratittee <br />under the permit <br />3. Suceessor understands that the reclamation plan (the "Plan") requited by the permit and by <br />applicable State laws and regulations has not been completed and is willing to assume full responsibility <br />for the completion of the Plan. <br />V. <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agrtements to be effective 185-4 ac upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully <br />awaze of the conditions thereof Successor understands and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />all of the obligations of the Permittee under the Permit which have not heretofore been performed by <br />Permittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties', which <br />are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittce, <br />effective upon the release of the latter Warranties. <br />A. Successor represents to the State that, to the best of its }arowledgc, information and belief, it is not <br />in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other <br />operation conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize <br />Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and <br />Financial Warranties in place of the Warranties presently on file with the State. <br />