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2. Successor will complete the reclamation plan, and hereby assumes liability for <br />completing such plan as to all azeas heretofore disturbed, as well as to all azeas hereafter disturbed. <br />Successor will perform all of the obligations of the Permittee under the Permit which have not heretofore <br />been performed by Permittee. <br />3. Successor hereby tenders to the State its attached reclamation bond*, which is to be <br />substituted for the bond and surety heretofore filed by the Permittee effective upon the release of the latter <br />bond and surety. <br />4. Successor represents to the State that, to the best of its knowledge, information and <br />belief, it is not in violation of any of the provisions of the Colorado Surface Coal Mining Reclamation <br />Act with respect to any other operation conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment of the Permit, to <br />recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute bond <br />and surety in place of the bond and surety presently on file with the State. <br />* Attach executed reclamation bond. <br />EXECUTED this THIRDlay of SEPTEMBER 2002 <br />H-G COAL COMPANY HAYDEN GULCH TERMINAL, INC. <br />Name of Pemuttee Name of Successor <br />By ~`ViL~~ <br />Signature of Offi9 r <br />Vice President, H-G Coal Company <br />Title of Permittee <br />By ;V ~~' . <br />Sign of Officer <br />Prt~al o~sr <br />Title Successor Operator <br />NOTARY FOR PERMITTEE <br />STATE OF ~xtitvu~ ~>-- ) <br />ss. <br />COUNTY OF <br />The foregoing ins ent was acknowledged before me thyi~s / h~day of <br />hJ D o , by ~ ~ / VLF-~lhJ as <br />' ~ ~ cf ,~-1rG Cep, ~' «~, <br />ARY PUBLIC <br />My Commission expires <br />~7uLk-~~ !.~ 003 <br />