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Findines <br />DMG finds that: <br />1. A properly executed Request for Transfer of Coal Permit and Succession of Operators application <br />form has been submitted [o DMG, and [his form requests that Permit No. C-81-044 be [ransferted from <br />Cyprus Empire Corporation to RAG Empire Corporation (2.08.6(2)(6)); <br />2. A properly executed Surface Coal Mining and Reclamation Operations Reclamation Bond, in [he form <br />of Corporate Surety No. 103198931-097, for the amount of $3.552,679.00 (three million, five hundred <br />fifty two thousand, six hundred seventy nine and 00/100 dollars), has been submitted by RAG Empire <br />Corporation for Permit No. C-81-044, and [he bond has been accepted by DMG (2.08.6(2)(a) and <br />2.08.6(4)(6)); <br />3. The identification of interests information required by Rule 2.03.4 has been properly submitted, <br />reviewed and deemed adequate (2.08.6(2)(b)(iii); <br />4. The compliance infornation required by Rule 2.03.5 has been properly submitted, reviewed and <br />deemed adequate (2.08.6(2)(b)(iii)); <br />5. The right-of-entry and operation information required by Rule 2.03.6 has beers properly submitted, <br />reviewed, and deemed adequate (2.08.6(2)(b)(iii)); <br />6. The waiver information required by Rule 2.03.7(3) has been properly submit[<:d, reviewed, and <br />deemed adequate (2.08.6(2)(b)(iii)); <br />7. The personal injury and property damage insurance information required by Rule 2.03.9 has been <br />properly submitted, reviewed and deemed adequate (2.08.6(2)(b)(iii)); <br />8. The identification of other licenses and permits required by Rule 2.03. 10 has been properly submitted, <br />reviewed and deemed adequate (2.08.6(2)(b)(iii)); <br />9. The transfer application was properly advertised as required by Rule 2.08.6(3)(a) and no written <br />comments were received (2.08.6(3)(6); <br />10. Based on all available information. RAG Empire Corporation and all related owners and controllers of <br />RAG Empire Corporation are currently in compliance with Rules 2.07.6(1)(6) and 2.07.6(I)(c); <br />11. The succession application demonstrates compliance with Rule 2.07.6(2) (2.08.6(4)(a)); <br />12. Based on representations by RAG Empire Corporation, RAG Empire Corporation will conduct the <br />operations in full compliance with the terms and conditions of the original permit and in accordance <br />with the requirements of the Act and Rules (2.08.6(4)(c)). <br />Eagle 5 and 9 Mines Page 2 March 22, 2000 <br />SO-01 <br />