2004-12-09_REVISION - M1980003 (2)

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-4- IV. RECITALS 1. On June 29 1998 Permit Number M-1980-003 was granted to Gary K. and Sarah L McNulty (existing operator)("Permittee"),pursuanttowhich Permittee has been conducting a mining operation in the County of Eagle .State of Colorado. 2. Pemrittee wishes to assign fire permit to ~, a rt a r c ~ ,-~ ~ e a r t r v (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. Petmittee and Successor hereby agree, for their own benefit and for the benefit ofthe State, such agreements to be effective i so 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 reclamation operations to its entire satisfaction and is fully aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will complete the reclamation plan, and hereby assumes liabilityfor completing such plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the Pennittee under the Permit which have not heretofore been performed by Permittee. 3. Successor hereby tenders to the State its attached Performance andFinancial Warmnties*, which are to be substituted for the Performance and Financial Warranties heretofore filed by the Pemmittee, effective upon the release of the latter Warranties. 4. Successor represents to the State that, to the best of its ]mowledge, information and belief, it is not in violation of any ofthe provisions of the Colorado Mined Land reclamation Act with respect to any other operation conducted by it in the State of Colomdo. Permittee and Successor hereby request the State to consent tu the assignment ofthe Pemrit, to recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on file with the State. Thu form has been approved by th¢ Mined Land Reclamation Board pursuant to sections 3441-119, C.RS., ojrhe Mined Zand ReclomationAM and 34-3~5-119, C.RS, ojrhe Colorado Land Reclamation AMjor theErlroction of Construction Materials, Any alteration or modification of this form shall resuh in voiding any permit issued on the altered or modiJted jorm and subject fb¢ operator fa cease and desist orders and civil penaltiesjoraperaNng without a permit pursuant to sections 34-32-123, CRSy oftheMined Land Reclamation AM and 34-325-123, C.R.£, ojrhe Colorado Land Reclamation Act jor the F.xtraedon ojConstrucNon Materials.