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R N OV L 31999 STATE OF COLOI~UO MINED 4Nryv Roy Romer, Gove RECLAMATION DIVISION DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS I. RECITALS A. On July 29 , 1988 the Mined Land Reclamation Board of the Colorado epar en o a ura Kesources (the "State") granted to Grand Mesa Coal Company , address743 Horizon Court, Suite 205, Grand Junction, CO, 81506("Permittee") permit number C-81-034(the "Permit") pursuant to which Permittee has been conducting a surface mining and reclamation operation known as the Red canvon Mines in the County of Delta State of Colorado. B. Permittee wishes to assign the permit to MltvRSC, ztvC address 773 Valley Court, Grand Junction CO, 81505 , as Successor Operator ("Successor") an Successor w15 es o ecome uccessor e-mittee under the permit. C. Successor understands that the reclamation plan (the "Plan") required by the permit and by appifcable 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 i so facto upon the approval by the State of the transfer of the Permit from ermi~fee 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 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 been performed by Permittee, 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567