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>~ STRTE OF COLIII Illlllllllllllll DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources ~~;°`~~r ~~~ 131 3 Sherman SL, Room 215 ~/ ~ ../.~ Denver, CO 80203 ~~~~' Phone: (3031 865-3567 ,~~ FAX: 11031 83:-8106 Rov Romer Governor ~t~c hael 8. Lo~c Dnision Direc for REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS I. RECITALS A. On April 20 1993 the Mined Land Reclamation Board of the Colorado Department of Natural Resources (the "State") granted to Cyprus Orchard Valley Coal Corporation address P.o. Box 1299 (1720 4010 Drive) Paonia, CO 81428 ("Permittee") permit number c-81-038 (the "Permit") pursuant to which Permittee has been conducting a mining and reclamation operation known a5 Orchard Valley Mine in the County of Delta State of Colorado. B. Permittee wishes to assign the permit to Bowi Recott c T.i miterl , address 1535 Grant Street. Suite 140_ Denver_ Cnl nrarin 80202 as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the permit. C. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable 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 Aso facto upon the approval by the State of the transfer of the Permit from Permittee 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 ~f the Permittee under the Permit which have not heretofore been performed by Permittee.