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~+Y. <br />t'' ~ . III III III III IIII III <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />DepartmentoiNacuralResources RFCEI\fED /yoF~O<o* <br />7 ~o. <br />1317 Sherman 51., Room 27 5 . OCT ~ 8 ~99! • a ~~ - <br />Denver, CO 80203 a`.,i,„r . <br />Phone: (3031866-3567 ~a~s ' <br />FAX: 13031832-8106 <br />rIIV151Cn Ci rv'IlnPf2S 1. (~•: C~Ony Go emoer <br />REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS o. ~'siun Director <br />I. <br />RECITALS <br />A. On February z3 1997, the Mined Land Reclamation Board of <br />the Colorado Department of Natural Resources (the "State") transferred co <br />Oxbow Carbon & Minerals, Inc. address P.O. Box 535, <br />Somerset, Colorado 81434 ("Permittee") permit number <br />c-81-oz2 (the "Permit") pursuant to which Permittee has been conducting a mining <br />and reclamation operation known dS the Sanborn Creek Mine In the <br />Countjcsof Gunnisond State of Colorado. <br />B. Permittee wishes to assign the permit to oxbow Mining, Inc. <br />address P.O. Box 535, Somerset, Colorado 81434 <br />as Successor Operator ("Successor") and <br />Successor wishes to become Successor Permittee under the permit. <br />C. Successor understands that the reclamation plan (the "Plan") required by <br />the permit and by applicable State laws and regulations has not been completed and <br />is willing to assume full responsibility for the completion of the Plan. <br />II. <br />AGREEMENTS <br />Permittee and Successor hereby agree, for their own benefit and for the <br />benefit of the State, such agreements to be effective ipso facto upon the approval <br />by the State of the transfer of the Permit from Permittee to Successor, as follows: <br />i. Successor has inspected the mining and reclamation operations to its <br />entire satisfaction and is fully aware of. the condition thereof. Successor <br />understands and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes <br />liability for completing such plan as to all areas heretofore disturbed, as well as <br />to all areas hereafter disturbed. Successor will perform all of the obligations of <br />the Permittee under the Permit which have not heretofore been performed by <br />Permittee. <br />