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oF.Coto <br />*'f 1876 <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />PROPOSED DECISION <br />for <br />Approval of Transfer of Permit <br />The Colorado Division of Reclamation, Mining and Safety, in accordance with C.R.S. 34-33-115(2), <br />proposes to approve the transfer of rights to a permit to conduct surface coal mining and reclamation <br />operations at the Lorencito Canyon Mine, Permit No. C-1996-084. These rights are transferred from <br />Lorencito Coal Company, LLC to New Elk Coal Company, LLC. <br />This decision is based on a review of the complete and accurate application and the existing permit, <br />including all conditions and revisions approved up to June 9, 2008. In accordance Rule 2.08.6(4), the <br />Division makes the following determinations which warrant that the permit be transferred: <br />1. New Elk Coal Company, LLC is eligible to receive a permit in accordance with <br />Rule 2.07.6(1)(b), (c), and (2)(h); <br />2. New Elk Coal Company, LLC has submitted a performance bond at least <br />equivalent to the bond of the original permittee; and <br />3. New Elk Coal Company, LLC will conduct the operations involved in full <br />compliance with the terms and conditions of the original permit, and in <br />accordance with the requirements of the Colorado Surface Coal Mining <br />Reclamation Act and the Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining. <br />Stipulations, if any are imposed upon this permit, are listed in the attached rider. Please sign and return <br />the form to the Division. <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />/;4'a/ <br />- '6W <br />Director <br />(f& le <br />/Date <br />C-SO-06 C1996084 KAG 06092008011913.doc