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<br />Mining Plan Approval Document No. CO-0038 <br />Page 1 of 3 <br />UNITED STATES <br />DEPARTMENT OF THE INTERIOR <br />This mining plan approval document is issued by the United States <br />of America to: <br />Western Fuels-Utah, Inc. <br />405 Urban Street, Suite 305 <br />Lakewood, Colorado 80228 <br />for the Deserado Mine mining plan for Federal lease COC 51551 <br />subject to the following conditions. Western Fuels-Utah, Inc, is <br />hereinafter referred to as the operator. <br />1. Statutes and Regulations.--This mining plan approval is <br />issued pursuant to Federal lease COC 51551; the Mineral <br />Leasing Act of 1920, as amended (30 U.S.C. 181 et seg.); and <br />in the case of acquired lands, the Mineral Leasing Act for <br />Acquired Lands of 1947, as amended (30 ?J.S.C. 351 et seq.). <br />This mining plan approval is subject to all applicable <br />regulations of the Secretary of the Interior which are now <br />or hereafter in force; and all such regulations are made a <br />part hereof. The operator shall comply with the provisions <br />of the Water Pollution Control Act (33 U.S.C. 1151 ~ seQ,.), <br />the Clean Air Act (42 U.S.C. 7401 gt sea.), and other <br />applicable Federal laws. <br />This document approves the Deserado Mine mining plan for <br />Federal lease COC 51551, and authorizes coal development or <br />mining operations on the Federal lease within the area of <br />mining plan approval. This authorization is not valid <br />beyond <br />T. 3 N., R. 1 <br />sec. 25, <br />sec. 26, <br />sec. 34, <br />sec. 35, <br />sec. 36, <br />O1 W., 6th P.M. <br />S~; <br />SE1,(SE~; <br />S~E1,( and N~SE~; <br />NEi,QdE~, Sufi'/,, N~/,SW3(, and NSEl,(; <br />N~ and N'~4S'~4. <br />as shown on the map appended hereto as Attachment A. <br />The operator shall conduct coal development and mining <br />operations only as described in the complete permit <br />application package, and approved by the Colorado Mined Land <br />Reclamation Division, except as otherwise directed in the <br />conditions added to this"mining plan approval. <br />J <br />