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From: Tonya Hammond To: David Berry <br />Date: 2122/2002 Time: 9:79:28 AM <br />J. E. STOVER & ASSOCIATES <br />2768 COMPASS DRIVE, SUITE 101 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 2454101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />February 21, 2002 <br />C ~ ~-~~ I <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />RE~E9VED <br />Mr. David Berry <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />FE3 2 ~ 2002 <br />Division of Minerals and Geology <br />RE: Snowcap Coal Company, Inc. ("Snowcap") -Rights of Entry <br />Dear Mr. Berry: <br />In reference to our telephone conversation today, we offer the following regarding <br />Snowcap's right of entry to both private and federal lands. <br />Private land, consents and/or easements: <br />Powderhorn Properties Company ("Powderhom") owned private land and consents <br />and /or easements within the permit boundary, and American Electric Power Company, Inc. <br />("AEP") acquired this land and consents andlor easements along with other assets byway <br />of Federa! Bankruptcy Court Order dated October 29, 2001. As provided by Article VII, <br />Section 7.1, of AEP's Plan of Reorganization, under the above referenced Bankruptcy <br />Case, AEP has designated Snowcap as its designee to hold right, title and interest in the <br />assets. <br />Snowcap is a wholly owned subsidiary of AEP and was established as AEP's Colorado coal <br />operating company. Snowcap has provided you copies of the above-referenced documents <br />which serve as documentation of Snowcap's right of entry into private lands within the <br />permit area. <br />Snowcap is in the process of preparing deeds for filing with the Mesa County Recorder. <br />We anticipate final deeds will be filed and recorded by the end of March. <br />Consents and/or easements which were a part of Powderhorn's permitted area have been <br />assigned to Snowcap through the Bankruptcy Court Order described above. All pertinent <br />consents and/or easements are perpetual in nature, run with the land and transfer to <br />Snowcap as Powderhorn's successor grantee. <br />Federal land: <br />