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• ..~ o v.r u v r_ ~~ <br />~r1AY 111987 <br />DEPARTMENT OF NATURAL RESO~IIRCES MINED LAND <br />Della li Gst:naa Eaacutne 0ireaor RECLAMATION DIVISION <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SH ELTON, Dlnetor <br />PiUaN D. Lamm <br />Gwemor <br />REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS <br />I. <br />RECITALS <br />A. On 1983 , the Mined Land Reclamation Board of <br />the Colorado eparrtment o Natural Icesources (the "State") granted to <br />Western Slope Carbon, Inc. address 295 Chipeta Way, <br />Salt Lake City, Utah 84108-0900 ("Pettnittee") permit number <br />C-81-016(the "Permit") pursuant to which Permittee has been conducting a <br />mining and reclamation operation known as The Hawk's Nest Mines (E&W) <br />in the ~~~~te~fGunnison & Delta State of Colorado. <br />B. Permittee wishes to assign the permit to Blue Horizon Mining Inc., a <br />Delaware corporation address c/o P.O. Box 3267, Oakridge, Tennessee 37803 <br />as Successor Operator ("Successor") <br />anG successor wrsnes o ecome uccessor ermittee under the permit. <br />C. Successor understands that the reclamation plan (the "Plan") <br />required by the permit and by applicable State laws and regulations has not <br />been completed and is willing to assume full responsibility for the completion <br />of the Plan. <br />II. <br />AGREEMENTS <br />Pertnittee 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 <br />approval by the State of the transfer of the Permit from Permittee to <br />Successor, as follows: <br />1. 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 <br />well as to all areas hereafter disturbed. Successor will perform all of the <br />obligations of the Permittee under the Permit which have not heretofore been <br />performed by Permittee. <br />423 Centennial Building, 13~ 3 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />