2003-05-14_REVISION - M1977573 (2)

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\~1~~~ ~ ~Iz~(s~ N. RECTCAI.S ~^'^~ t ~ . 1. On Mare`1~22 19177 Permit Number M-1977-573 was grantedio Transit Mix of Pueblo, Inc. (existing operater) ("?e.^.nittee"), pursuant to which PernuCee hzs been conducting a mining operation in the County of Pueblo ,State of Colorado. 2. Permitteewishestoassignthepermitto Continental Materials Corporation (new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the permit. 3. Successor understands that the reclamation plan (the "Plan") required by the permit and. by applicable State laws and regulations has not been completed and is willing to assume full responsibility for the completion of the Plan. V. AGREEAIEivTS Permittee and Successor hereby agee, for thew own benefit and for the benefit Of the State, such agreements to be effective ?~ ac upon the approval by the State of the transfer of the Permit fram Permittee to Successor, as follows: I. Successor has inspected the mixing and reclamation operations to its entire satisfactioa and is fully aware of the conditions thereof Successor understands and accepu all of the conditions of the Permit. 2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan az to all azeas heretofore disturbed, as well as to all azeas hereafter disturbed. Successor will perform all of the obligations of the Permitter tinder the Permit which have aot heretofore been performed by Permittee. 3. Successor hereby tenders to the State its attached Performance and Financial Warranties', which are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the release of the latter Warranties. 4. Successor represents to the State that, to the best of its I.mowledge, infomtaron and belief, it is not in violation of any of the provisions of the Colorado Msed Land reclamation Act with respect to any other operation conducted.by it in the State of Colorado. Permittee and Successor hereby request the State to cansent to the assienment of the Permit, to zecogirize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the W"arranties presently on file with the State.