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<br />STATE OF COLORADO <br />DIVISION Of MINERALS AND GEOLOGY <br />DeVanment of Natural Resources <br />1311 Sherman 51., Room 21 5 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAX~130318J2-8106 <br />APPROVAL <br />National King Coal, LLC <br />King Coal Mine (Permit No. C-81-035) <br />Succession of Operator <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5 Lochheacl <br />Execmrvc Director <br />Michael6 Long <br />Division D~rena <br />The Colorado Division of Minerals and Geology has approved, with one condition, an <br />application for transfer of permit rights for the ICing Coal Mine to National King CoaI,LLC. <br />Permit transfer is granted pursuant to the Colorado Surface Coal Mining Act 34-33-101 et• seo• <br />C.R.S. 1973 as amended and Regulation 2.08.6 of the Colorado Mined Land Reclamation Board <br />for Coal Mining. The previous permittee and operator was National King Coal, Inc. <br />The approval decision for this succession of operator is based on findings by the Division that <br />National King Coal, LLC will conduct operations in full compliance with the terms and <br />conditions of the original permit and will comply with all requirements of the Act and the <br />Regulations promulgated pursuant to the Act. <br />The condition upon the Division's approval is: <br />Stioulation 10 <br />The permit transfer from National King Coal Company, Inc. to National King Coal, LLC <br />is conditioned upon resolution of the West Virginia Settlement Agreement associated <br />with 16 violations under permit WV-5004084. Proof of resolution of these issues must <br />be submitted to the Division as soon as it becomes available. <br />