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~. <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1373 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fa x: 303 832-8106 <br />iiiiuiiiiiiiiuiii <br />STATE OF COLC~tc~>'J9v <br />pF' c0~ <br />tip. <br />.~$ <br />~~ <br />.•"„ssp. <br />~ r876 ~ <br />' Roy Romer, <br />(,pvemer <br />FreO R. Banta, <br />Dnrision Director <br />REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION Of OPERATORS <br />I. <br />RECITALS <br />A. On July 27 1994. the Mined Land Reclamation Board of <br />the Colorado Department of Natural Resources (the "State") granted to <br />Western Fuels-Utah, Inc. <br />Suite 305. Lakewood, CO 80228 <br />dddress 405 Urban Street, <br />_("Permittee") permit number <br />C-81-018 (the "Permit") pursuant to which Permittee has been conducting a mining <br />and reclamation operation known as Deserado Mine in the <br />County of Rio Blanco State of Colorado. <br />B. Permittee wishes to assign the permit to Blue mountain Energy, Inc. <br />dddress 8722 South 300 West, Sandv, Utah 84070 <br />, as Successor Operator ("Successor"> and <br />Successor wishes to become Successor Permittee under the permit. <br />C. Successor understands that the reclamation plan (the "Plan") required by <br />the permit and by applicable State laws and regulations has not been completed and <br />is willing to assume full responsibility for the completion of the Plan. <br />II. <br />AGREEMENTS <br />Permittee and Successor hereby agree, for their own benefit and for the <br />benefit of the State, such agreements to be effective ipso facto upon the approval <br />by the State of the transfer of the Permit r"rom Permittee to Successor, as follows: <br />1. Successor has inspected the mining and reclamation operations to its <br />entire satisfaction and is fully aware of the condition thereof. Successor <br />understands and accepts all of the conditions of the Permit. <br />Z. Successor will completz the rec~amation plan, and hereby assumes <br />liability for competing such plan as to all areas heretofore disturbed, as well as <br />to all areas hereafter disturbed. Successor will perform all of the obligations of <br />the Permittee under the Permit which have not heretofore been performed by <br />Permittee. <br />