1992-03-16_GENERAL DOCUMENTS - C1981008

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n STATE OF COLORADO MINED LAND RECLAMATION DIVISION /fir Department of Natural Resources F l{.V(r 1 _CIV 1313 Sherman St. Room 215 1 �eTi'ra Denver.CO 80203 303 866.3567 9 �gg� FAX 303 832-8106 VAR 1 • ,8,6 Roy Mined Land Govemo, Romsr. Fterla—Atlon Frea R Banta. Division Dvecmr REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS T RE--ITALS A. On r.16v 26, 1988 1 the Mined Land Reclamation Board of the Colorado Department of Natural Resources ( the "State" ) granted to Peabody Coal Company address1300 S. Yale, Flaristatf Arizona 86001 ( "Permittee" ) permit number C-81-008 (the "Permit" ) pursuant to which Permittee has been conducting a mining and reclamation operation known as Nucla Mine in the County of Montrose , State of Colorado. B. Permittee wishes to assign the permit to Western Fuels-Colorado, A Limited Liability Company address 12076 Grant Street, Thornton, CO 80241 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 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 icso 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 condition thereof. Successor understands and accepts all of the conpitions of the Permit . 2 . Successor will complete the rec amation 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 teen performed by Permittee .