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<br />3. Successor hereby tenders to the State its attached reclamation bond', <br />which is to be substituted for the bond and surety heretofore filed by the <br />Permittee effective upon the release of the latter bond and surety. <br />4. Successor represents to the State that, to the best of its knowledge, <br />information and belief, it is not in violation of any of the provisions of the <br />Colorado Surface Coal Mining Reclamation Act with respect to any other operation <br />conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment <br />of the Permit, to recognize Successor as Successor Operator under the Permit, and <br />to accept the tendered substitute bond and surety in place of the bond and surety <br />presently on file with the State. <br />Attach executed reclamation bond. <br />EXECUTED this 22nd day of October 1997. <br />Oxbow Carbon & Minerals, Inc. <br />Name of Permittee <br />By <br />Sig a ure of Of icer <br />Vice President, Operations <br />Title Permittee <br />Oxbow Mining, Inc. <br />Name of Successor <br />By <br />Signature of Offic r <br />Executive Vice President <br />tle Successor Operator <br />NOTARY FOR PERMITTEE <br />STATE OF <br />COLORADO <br />COUNTY OF ARAPAHOE <br />SS. <br />The foregoing instrument was acknowledged before me this 22nd day of <br />October <br />1997, by Paul Fritzler <br />Vice President, Operations <br />Of Oxbow Carbon & Minerals, Inc. <br />My Commission expires e'-~~•c <br />9~F'•~;@ <br />5.~. ~ o~. <br />a5 <br />