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<br />-6- <br />CONSENT OF STATE <br /> <br />(a) Consent is hereby granted to the transfer of the Permit referred to from Southdown, Inc. to <br />CEMEX, Inc. <br />(b) CEMEX, Inc. is hereby recognized as Successor Operator under such Permit. <br />(c) The Performance and Financial Warranty substitution above proposed is hereby accepted and <br />approved. <br />STATE OF COLORADO <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION BOARD <br />DIVISION OF MINERALS AND GEOLOGY <br />By <br />Division Dire <br />Date Executed <br />M:~MIMBDC4~@1FORASSU 17 7F.NRF <br />(10.'00/99) <br />