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• III IIIIIIIIIIIIIIII~ • <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 60203 <br />303 866-3567 <br />FA K: 303 632-6106 <br />RECEIVED N~~°,$ <br />..* <br />JAN 3 1 1991 ''a,b' <br />Roy Romer, <br />Mined Land Gwemor <br />Reclamation Division Fred R. Banta. <br />Division Director <br />REQUEST FOR TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OPERATORS <br />I. <br />RECITALS <br />A. On the Mined Land Reclamation Board of <br />the Colorado epa men o a'~"ur1 esources (the "State") granted to <br />Miller-Berends Company , address 1971 County <br />Road 150, Elizabeth, Co 80107 ("Permittee") permit number <br />M-85-129 (the "Permit") pursuant to which Permittee has been conducting a <br />mining and reclamation operation in the County of Elbert State of <br />Colorado. <br />B. Permittee wishes to assign the permit to Elbert sand & Gravel Co. <br />a Colorado Corpora_ti~~lddres5 1971 County Road ]50. Elizabeth_ CQ 80107 <br />as Successor Operator ("Successor") <br />an ccessor w1s es o ecane ccessor ermittee under the permit. <br />C. Successor understands that the reclamation plan (the "Plan") <br />required by the permit and by applicable State laws and regulations has not <br />been completed and is willing to assume full responsibility for the completion <br />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 ~ips~o facto upon the <br />approval by the State of the transfer of the Permit from lsermiT'$ee to <br />Successor, as fol]ows: <br />1. Su ccessor• 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 />2. Successor will complete the reclamation plan, and hereby assumes <br />liability for completing such plan as to all areas heretofore disturbed, as <br />well as to all areas hereafter disturbed. Successor will perform aTl of the <br />obligations of the Permittee under the Permit which have not heretofore been <br />performed by Permittee. <br />