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v <br />III IIIIIIIIIIIII III <br />sss <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman $I.~ROOm 215 <br />Denver, Colorado 80203 <br />Phone: 1303) 866-3567 <br />FAX: D03) 832-8106 <br />Mr. John Walters <br />Grand Valley Coal Company <br />P.O. Box 70 <br />Loma, CO 81524 <br />treasury notes for the Munger Mine reclamation bond. <br />~~ <br />DEPARTMENT OI <br />NATURAL <br />RESOURCE` <br />Roy Rumr~ <br />Governor <br />lames 5. LochheaJ <br />E arc ulrvP Dnrtlor <br />Michael B Lunq <br />RE: Ownership and Control of Grand Valley Coal Company Din stun Durcurt <br />Dear Mr. Walters: <br />This letter is intended to clarify any potential misunderstanding <br />of the Board's regulations concerning transfer of ownership of coal <br />mining permit rights. I understand a sale of the stock of Grand <br />Valley Coal Company may be in progress, and that the Division has <br />not yet received a bond form to accompany one of the renewed <br />Please be advised that Grand Valley Coal and the owners identified <br />in the permit are legally responsible to the State of Colorado for <br />compliance with the Act (the Colorado Surface Coal Mining <br />Reclamation Act) unless and until a transfer of permit rights is <br />approved by the Division. Rule 2.08.6(1) of the regulations <br />requires that, <br />"No transfer, assignment, or sale of the rights granted <br />under any permit issued pursuant to the Act shall be made <br />without the prior written approval of the Division". <br />as outlined in Rule 2.08.6, should be requested. <br />Any sale of ownership of Grand Valley Coal should be contingent <br />upon Division approval of the transfer or rights. If ownership of <br />the company changes, but Grand Valley Coal remains as the <br />permittee, Division approval may be sought by means of a technical <br />revision to the permit. The revision should revise the ownership <br />and control information required by Rule 2.03.4, and the compliance <br />information required by Rule 2.03.5. If Grand Valley Coal is to be <br />replaced as the permittee, approval of a succession of operators, <br />In regard to the bond instruments for Munger Mine, please be <br />advised that the bond form which the Division supplied earlier this <br />year must accompany the treasury note. Rule 3.02.1(1) requires <br />that reclamation bonds be submitted, "on a form prescribed and <br />furnished by the Board". This is the form which you picked up <br />earlier this summer. <br />