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3. Successor hereby tenders to the State its attached reclamation bond*, which is to be substituted <br />for the bond and surety heretofore filed by the Penmittee effective upon the release of the latter bond and <br />surety. <br />4. Successor represents to the State that, to the best of its knowledge, information and belief, it is <br />not in violation of any of the provisions of the Colorado Surface Coal Mining Reclamation Act with respect to <br />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 and <br />surety in place of the bond and surety presently on file with the State. <br />* Attach executed reclamation bond. <br />EXECUTED this )'I t" day of &J0'j6--t3 ep— , Lol,o . <br />New Elk Coal Company LLC New Elk Coal Company LLC <br />Name of Permittee <br />By <br />Signati6re oflUfficer <br />d o*e' 12 / Ewa�4ft c, <br />Title of Permittee <br />Name of Successor <br />Bye <br />Signa ure o Officer <br />M * � A< g5g- / S ft�Eti /ems <br />Title Successor Operator <br />NOTARY FOR PERMITTEE <br />STATE OF <br />ss. <br />COUNTY OF S c -s ) <br />7k The foregoing instrument was acknowledged before me this �day of <br />byR / D [vS' TL er as <br />.4 6 M.Cl��� l �' � of A)'ei-(.) rK C[' ed' Gh ijli-Ajjli . L t� <br />ARY PUBLIC <br />My Commission expires SHARON D. SCIACCA <br />Notary Public <br />State of Colorado <br />Notary ID # 20004008087 <br />My Commission Expires 04-16-2024 <br />