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.05~30i95 07:34 REI LITTLETON ~ 303 255 9000 III III III IIIIIIIIII N0.019 P002i002 STATE OF99CULORADO DIVISION OF MINERALS AND GEOLOGY Department of Na[u ral Resources ,~s° ~' t3t35herman 5l.-Room 2t5 RECEIVED '.~„~' Denrer. CO d0]03 ,ste Ohone: fJ0J1 866-3567 JUL 0 3 1995 F,~X: (303183:-8106 Ror Rome. Governor ra;ch~el 0. Long Division o1 Minerals 8 Geology o;,,;,on o;,e<,,, RETEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS I. RECITALS A. On December 12 1990 the Mined Land Reclamation Board of the Colorado Department of Natural Resources (the "State") granted to Rim-~adc0~l OT~¢r~.%Landmark RP I mat-.ion. Tnr_ address 9901 5. Winderme Littleton, Co 80120 ("Permittee"> permit number C-89-079 (the "Permit") pursuant to which Permittee has been conducting a mining and reclamation operation known dS Ri3nro k Coal Mine in the County of Las Animas State of Colorado. 8. Permittee wishes to assign the permit to Leo Montoya Sr. Estate address P.O. Rox 407. Trinidad, Co 81082-D407 as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the permit. C. Successor understands tnat the reclamation plan (the "Plan"> required by the permit and by applicable State caws and regulations has not been completed and is willing to assume full responsibility for the completion of the Plan. II. AGREEMENTS Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective Ipso facto upon the approval by the State of the transfer of the Permit from Permittee to Successor, as follows= 1. Successor has inspected the mining and reclamatlon operations to its entire satisfaction and is fully aware of the condition thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will complete the reclamatlon plan, and hereby assumes liability for completing such plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations ~f the Permittee under the Permit which have not heretofore been performed by Permittee.