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Construction Materials (C.R.S. § 34-32.5-101 et. seq.) ("Construction Materials Act") and <br /> associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules"), with respect to any other <br /> operation conducted by the Prospective Successor in the State of Colorado. <br /> Permittee and Prospective Successor hereby request that the Mined Land Reclamation <br /> Board ("Board") approves their SO Application, recognizes the Prospective Successor as <br /> Successor Operator under the Permit, accepts the Prospective Successor's Performance and <br /> Financial Warranties, and releases the current Permittee's Performance and Financial Warranties. <br /> SIGNED, SEALED AND DATED this 1 day of d(lW.0-0,1 , 90/. <br /> PERMITTEE PROSPECTIVE <br /> Peabody Sa e Creek Mining, LLC Twer 410 <br /> N e erm' e Na Prosp Successor <br /> By ( By <br /> Signature of Officer Signature of Officer <br /> ( Cn <br /> Title of Officer Title of Officer <br /> r j NOTARY FOR PERMITTEE <br /> h <br /> STATE OF �' A V k-C) ) <br /> ss.: <br /> COUNTY OF Q� ) <br /> ' ilk <br /> Th foregoing instrument was acknowledged bef re me this day of <br /> iw�1 <br /> biTm L\\ Vt(� � � \ � )(4 , <br /> I :_ I lri <br /> • <br /> Notary Public � /, v A ft, 1 <br /> APRIL LEIGH SHOEMAKER JOHNSON My Commission Expires b / <br /> NOTARY PUBLIC <br /> STATE OF COLORADO <br /> NOTARY ID 20124018146 <br /> MY COMMISSION EXPIRES APRIL 2,2016 <br /> - 9 - <br />