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i Mining ?tan Approval Doc~iment No CO-^038, May. 1980 Page 1 of 5 Revised July, 1956 UNITED STATES DEPARTMENT OF THE INTERIOR This mining plan approval document is issued by the United States of America to: Yestera Fuels-Utah, Inc. Suite 4305 405 Urbea Street Lakerood, Colorado 80228 for the Deserado mine subject to the folloriag conditions. Western Fuels-Utah, Inc. is hereinafter referred to as the lessee/operator. Condition 1. Statutes end Regulations.--This mining plan approval is issued pursuant to Federal coal leases D-047201, C-023703, C-8424, C-8425, sad C-0126669: the Mineral Leaeiag Act of 1920, as amended (30 U.S.C. 181 et sew.); and is the case of acquired leads, the Mineral Leasing Act for Acquired Lands of 1947, as emended (30 U.S.C. 351 et neg.). This mining plan approval is subject to all applicable regulations of the Secretary of the Interior including, but not limited to, 30 CPR Chapter VII and 43 CFR Group 3400, end to all regulations of the Secretary of Energy, rhich are nor or hereafter is farce; sad all such regulations are made a part hereof. The lessee/operator shall comply rith the provisions of the Water Pollution Control Act (33 U.S.C. 1151 et sue.), the Clean Air Act (42 U.S.C. 7401 et ae~c.) and other applicable Federal lave. Condition 2. This document approves the Deeerado mine mining plan, updated through February 21, 1986, and authorizes coal development or mining operations on Federal loads rithin the area of mining plan approval pursuant to a valid permit issued by Colorado Mined Laced Reclamation Division (NERD). This authorization is not valid beyond Tomahip 2 Borth, Range 101 Peet, 6th P.M. Section 1, Y1/2 _ Section 2, All Section 3, All Section 4, All Section 10, AE1/4BE1/4 Section 11, W1/2BY1/4, Section 12, Lots 2, 3, BE 1/4BY1/4, Lote 1, 2, 3, 4, 5 sad 6 4, 5