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<br />STATE OF NOTARY FOR SUCCESSOR <br />ss. <br />COUNTY OF <br />The foregoing instrument was acknowledged before me this Ap day of April <br />2008 Eby Wayne Coverdale as <br />President of New Elk Coal Company, LLC <br />w ? <br />VOTARY PUBLIC LINDA M. THORNING <br />Notary Public <br />My Commission expires: New Hanover County, NC <br />My Commission Expires December 18, 2010 <br />CONSENT OF STATE <br />-(a) Consent is hereby granted to the transfer of the Permit above referred to <br />(c) The bond substitution above proposed is hereby accepted and approved. <br />STATE OF COLORADO <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAMATIO14 BOARD <br />G DI IV ON RECLAMATI N, MINING D SAFE'L'Y <br />.' (? ? el e4 <br />Data: BY <br />Division Director <br />is hereby recognized as Successor Operator under such Permit.