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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINFNG AND SAFETY <br />Department of Natural Resoun:es <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone:. (303) 8663567 <br />FAX: (303)832-8t06 <br />RECEIVED <br />JAN222008 COLORADO <br />D 1 V 1 5 1 0 N O F <br />RECLAMATION <br />Division of Re-.;::.;anon, MINING <br />Mining and Safety SAFETY <br />Bill Owens <br />REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERA~3 <br />Russell George <br />ExecvUve Director <br />i. <br />RECITALS <br />Ronald W. Cattarry <br />Division Director <br />Natural Resource Trustee <br />A. On June 22 , 2004 ,tile Mined Land Reclamation Board of the Colorado <br />Department of Natural Resources (the "State") granted to <br />Basin Resources, Inb. <br />address <br />2 North Cascade, 2nd Floor, Colorado Spgs, CO 80903 ("Permittee") permit <br />,Q_._ _ <br />C-1989-013 <br />number (the "Permit")-pursuant to which Permittee has been conducting a mining and <br />reclamation operation known as Golden Eagle Mine in the County of <br />r..a s Animas ,State of Colorado. <br />B. Permi#tee wishes to assign the permit to <br />~'/~r~ ~,~._ ~ov~ C'',~~" L!L' ,address <br />~~cf /YI a~n ~ ~av~~la.A~„K t' ~ 7 7_ ~~ , as Successor <br />Operator ("Successor") and Successor wis}les to become Successor Permittee under the permit. <br />C. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable <br />State laws and regulations has not been completed and is willing to assume full responsibility for the <br />completion of the Plan. <br />AGREEMENTS <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective ipso facto upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor 11as inspected the mining and reclamation operations to its entire satisfaction and is <br />fully aware of the condition thereof. Successor understands and accepts alt of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing <br />such plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />a!I of the obligations of the Permittee under the Permit which have not heretofore been performed by <br />Permittee. <br />Office of Office of <br />Mined Lartd Reclamation Active and Inactive Mines <br />