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J 'i <br />_4 <br />N. RECITALS <br />1n. On Permit Number M" 1481 'OS~ was granted to <br />Nt ~~ ~~r~S e.-K 5 ~~ e ~~ existin ator " <br />(~ ( goper )("Permittee ). pursuanttowhir]tPemtitlee <br />has been conducting a mining operation in the County of ~ U ~f_ r _ State of Colorado. <br />2. Permittee wishes to assign the permit to ~-T~ f~ /~ /'~'r1~ (new <br />operator), as Successor Operator ("Successor") and wishes to become Successor Permittce under the <br />permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable State <br />laws and regulations has not been completed and is willing to assume full responsibility for the completion ofthePlaa <br />V. AGREEMENTS <br />Permittce and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be <br />effective ~ facto upon the approval by the State of the transfer of the Permit from Permittce to Successor, asfollows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of <br />the conditions thereof Successor understands and accepts all of the conditions of the Permit. <br />2. Successor will complete thereclamationplaa,andherebyassumesliabilityforcompletingsuchplanastoall <br />areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of <br />the Perrnittee under the Permit which have not heretofore been performed by Petmittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties', which are to be <br />substituted for the Performance andFinancial Warranties heretofore filed by the Permittee, effective upon the release <br />of the letter Warranties. <br />4. Successor represents to the State that, to the best of its lmowledge, information andbelie~ it is notinviolation <br />of any of the provisions of the Colorado Mined Land reclamation Act with respect to a~ other operationconductedby <br />it in the State of Colorado. <br />Permittee and Successor hereby request t}te State to consent to the assignment of the Permit, torecognize Successor as <br />Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in <br />place of the Warranties presently on file with the State. <br />This form bas been approved by the Mbeed Land RedamrAian Board pursuant to sections 3432-I19, C.RS, ojthe <br />Mined Land Reclamation Ad and 34-32.5-I19, GRS., ojtbe Colorado Land Recfmnation Adjor Uee Ertradion of <br />Construction Materials. Arry alteration ar modifuation of thrs form shall resuh in voiding any permit issued on the <br />altered or modifiedform and subjedthe operator to cease and desist orders and civil penaltiesjor operaAing wehonta <br />permit pursuant to sections 3432-123, C.RS, ojfhe Mined Land Reclamation Ad and 34-32.5-123, GRS, ojthe <br />Colorado Land Reclamation Adjor the FariacBon ojConstrudion Materials. <br />