2001-12-11_PERMIT FILE - C1981012A

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RECEIVED REQUEST FOR TRANSFER OF COAL PERMIT .IAN 4 I~b4 AND SUCCESSION OF OPERATIONS MINED VINO RECUMAiION DIVISIDN 1. Colo. Dept a Wwi.l iicsa~rca RECITALS A. On December 13, 1983 the Mined Land Reclamation Board of the Colorado Department of Natural Resources (the "State") public noticed the Proposed Decision and Findings o[ Compliance for permit number C-O12-81 on behalf o! CFBI Steel Corporation, P.O. Box 316, Pueblo, Colorado 81002 ("Permittee"). This document will become Coal Mining Permit No. C-Olt-8l once the required thirty day publication period has expired. B. Permittee wishes to assign iu interest in rights to Coal Mining Permit No. C- Ol2-8l to Wyoming Fuel Company, 443 Union Boulevard, Suite 3I0, Lakewood, Colorado 80228, as Successor Operator ("Successor") and Successor wishes to become Successor Permittee 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 Lull responsibility for the completion of the Plan. Il. AGREEMENTS Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, suU agreements to be e~ fectivei~so facto upon the approval by the State of the transfer o! 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 condition thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will complete the reclamation plan, and hereby aswmes 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 whirls have not heretofore been performed by Permittee. 3. Successor hereby tenders to the State its attached reclamation bonds, which is to be substituted for the bond and surety heretofore filed by the Permittee effective upon the release of the latter bond and surety. 4. Successor represents to the State that, to the best of its knowledge, information and belief, it is not in violation of any of the provisions o[ the Colorado Surface Coal Mining Reclamation Act with respect to any other operation conducted by it in the State of Colorado. Permittee and Successor hereby request the State to Consent to the assignment of the Permit, to recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute bond and surety in place o[ the bond and surety presently on file with the State. • Attach executed reclamation bond. EXECUTED this day of liece M 6Cr , 19 Q3. ~rI s'rEF~ c>72~eRAr~onl Name of rmittee By Sign ture o O i r Title-Permittee _~~jyl[sai nn Fl,ul rrtRtan;r Name o1 Successor By °~ -- Signa[ure o[ Offic r Proeiri nY Title-Successor Operator