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~ f <br />C~~%~TARY FOR SUCCESSOR <br />STATE OF _ <br />~y /'. '' r / ) ss. <br />COUNTY OF i~.~•~'f/ <br />The foregoing instrument was acknowledged before me this ~~~day of April <br />2008 ,by Wayne Coverdale as <br />President of New Elk Coal Company, LLC <br />NO ARY PUBLIC LINDA All. T'ii®F3NifVG <br />Notary Public <br />My Commission expires: New Hanover County, NC <br />!~ ~~ Q_ ~ ~ My Commission Expires December 18, 2010 <br />~(a) <br />from <br />CONSENT OF STATE <br />Consent is hereby panted to the transfer o'f the Permit above referred to <br />to <br />(b) <br />is hereby recognized as Successor Operator under such Permit. <br />(c) The bond substitution above proposed is hereby accepted and approved: <br />STATE OF COLORADO <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION BOARD <br />DIVISION OF RECLAMATION, MINING AND SAFETY . <br />B <br />Date. y Division Director <br /> <br />