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~ STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 60203 303 866-3567 FAX: 303 8328706 OF'~~fp '~`~' 9,y ue ~O r ~ 1876 Roy Romer. Govemar Fred R. Banta. Division Director REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS I. RECITALS A. On May 15, 1987, the Mined Land Reclamation Board of the Colorado Department of Natural Resources (the "State") granted to Henry L. and Opal Weaver, address O.C. Coal, P,O. Box 772, Gunnison, CO 81230 ("Permittee") permit number C-80-002 (the "Permit") pursuant to which Permittee has been conducting a mining and reclamation operation known as O.C. Coal Mine No. 2 in the County of Gunnison, State of Colorado. B. Permittee wishes to assign the permit to , address as Successor Operator ("Successor") and uccessor wisnes to ecome uccessor ermittee under the permit. C, 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. 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 Permit~to ~cessor, as follows: 1. Successor has inspected the mining and reclamation 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 reclamation 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 of the Permittee under the Permit which have not heretofore been performed by Permittee.