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• ._ <br />-a- <br />IV. ~ECITAIS <br />l_J <br />taken over by <br />1. On r)eremher 7 1998 Permit Number ~+-Rn-ttn was granted to <br />•Colorado Sand t:. Gravel Co. / Henderson (existing operator) ("Perrrrittce"),pursuant to <br />which Permittee has born conducting a muDi''og opaat on in the County of _ Adams _ State <br />of Coloruta. <br />2. Pernittce wishes to assign the permit to F.-470 P .bt i c H; whrray A ~ ho y <br />(new operators as Successor Operator ("Successor") and Successor wishes to become Successor Pennittce <br />under the permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the permit and by <br />applicable State laws end regulations has not been completed and is willing to assume full raponsibility <br />for the completion of the Plan. <br />V. A~,~EMENTS <br />Permittce and Successor hereby agrce, for their own benefit and for the benefit of the State, such <br />agreemrnts to be effective jp~ ~ upon the appmval by the State of the transfer of the Permit from <br />Petmittce to Suxessor, as follows: <br />1. Successor has bupeaed the mining and rodanration operation to its entire satisfaction and is fully <br />aware of the wnditions thereof. Successor undenfand~ and accepts ell of the condition of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing sudr <br />plan as to all ecea5 heretofore d~shubed, es well as to all areas hereafter disturbed. Successor will perform <br />all of the obligations of the Permittce under the Permit which have not heretofore been performed by <br />Permittee. <br />3. Suooeswr hereby tenders to the State iLt attached Performance and F'trrancial Warranties', which <br />are to be substituted for the Performance and Financial Waranties heretofore filed by the Permittee, <br />effective upon the release of the latter Warranties. <br />4. 5uooessor reprrsrnts to the State that, to the best of its knowledge, information and belief, it is not <br />in violation of arty of the provisions of the Colorado tvfined [and reclamation Ad with raped to any other <br />operation conducted by it in the State of Colorado. <br />Permittae and Successor hereby request the State to consent to the assignment of the Permit, to ttcognitt <br />Suocessar as Successor Operator under the Petmit, and to accept the tendered substitute Performance and <br />Financial Warranties in place of the Warranties prarntly on file with the State. <br />