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lllllllllllllllllll <br />999 <br />Holme Roberts & Owen I.LP <br />September 19, 2001 <br />Mr. Jim Burnell <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Deaz Mr. Burnell: <br />RECEIVEp <br />SEP 19 2001 <br />Division of Minerals 6 Geolo9Y <br />Enclosed are the following items (in triplicate) necessary to process the transfer <br />of coal permit from Oxbow Mining, Inc. to Oxbow Mining, LLC: <br />~u~rnr ~ary~ 1. Request for transfer of coal permit and succession of operators <br />~~°" 2. Replacement pages for the permit application consistent with the <br />(303)566-0-108 requirements of 2 CCR 407-2, §§ 2.08.6(2)(b)(iii) <br />ro~a"~C~raa.Wm 3. Agreement and Plan of Merger Between Oxbow Elk Creek, LLC and <br /> Oxbow Mining, Inc. <br /> 4. Sample Rider to Surface Coal Mining and Reclamation Operations <br />Arrocne~x at Lam Reclamation Bond -Corporate Surety Federal Mines (executed version to <br />/i00 Linco[rt Street be issued when all other review is complete). <br />snare ~sroo 5. Certificate of Liability Insurance showing Oxbow Mining, LLC as the <br />oe,mer, co[arada insured. <br />50203-v5~i1 <br />Te[ (303J861-1000 As discussed and as reflected in the enclosed merger agreement, Oxbow Mining, <br />Par (303J866-0200 Inc. will be merged into Oxbow Elk Creek, LLC. The merger will become <br />mmm.hro.com effective upon filing a certificate of merger with the Delawaze Secretary of State, <br />Denuer which the parties intend to file when DMG has issued its preliminary approval of <br />sa[r Lake cin~ the coal permit transfer request and authorized the continued mining operations. <br />Boa(dcr Oxbow Elk Creek, LLC will then immediately change its name to Oxbow <br />C'olorodo springs Mining, LLC (see Recital 9 of the merger agreement). Thus, on the application <br />London forms submitted, we have identified the transferee as Oxbow Mining, LLC. <br />hloscom <br />As you will discover when processing the bond issues, Oxbow Elk Creek, LLC is <br />presently listed with the Secretary of State in Delawaze, but the name "Oxbow <br />Mining, LLC" is not yet registered since state law prohibits the simultaneous <br />existence of both Oxbow Mining, Inc. and Oxbow Mining, LLC. Since OMI will <br />cease to exist at the time of the merger, Delawaze will allow the name change to <br />occw. <br />s~aasas ~i <br />