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pF'Cp~ R~ - yc .. ~ r876 Y COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 MINING PERMIT -COAL - RECEIVED Pemut Date: September 6, 2003 Permit Expiration Date: September 6, 2008 h~Y 15 2007 vvsh~jgnRQSR&~ ~math on inmg and Sa` fety Permit No. C-19$1-044 THIS PERMIT is issued by the Division of Reclamation, Mining and Safety, Department of Natural Resources, State of Colorado. RECITALS I. BTU Empire Corporation ("operator") desires to conduct a mining operation known as the Eagle Mine Complex for the purpose of extracting coal. II. On Apri14, 2007 the Division of Reclamation, Mining and Safety ("the Division") approved the operator's application for this permit, fixed the amount of bond and directed that this permit be issued upon the filing with the Division of bond in the amount so fixed in form and substance approved by the Division, and such bond has been so furnished. III. On February 14, 2007 the Division made the following fmdings: (a) The permit application is accurate and contains all information required under C.R.S., 34-33-101 et seq. and regulations promulgated thereunder and that all the requirements of Article 33 of Title 34, C.R.S. ("such article") for the issue of a permit have been complied with; (b) The applicant has demonstrated that reclamation as required by such article can be accomplished under the reclamation plan contained in the permit application; (c) The assessment of the probable cumulative impact of all anticipated mining in the azea on the hydrologic balance specified in Section 34-33-110(2)(1) has been made by the Division and the proposed operation thereof has been designed to prevent material damage to the hydrologic balance outside the permit azea; (d) Granting the pemut will not conflict with any designation decision issued pursuant to Section 522 of the Federal "Surface Mining Control and Reclamation Act of 1977;' as