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<br />STATE OF COLORADO <br />DIVISION OF MLAMATION, MINING AND SAFELY <br />Depaam•nt of Nartual Rerourm <br />1313 Sherman St, Room 215 <br />Denver, Colorado 80203 <br /> <br />RECEIVED <br /> <br />COLO <br /> <br />Phone 003) 866-3567 67 RADO <br />D 1 v t s l o N OF <br />FAX: 003) 832.8106 RECLAMATION <br /> MAY 12 2008 MINING <br />SAF?Y <br /> Division Or keclamabon, <br /> <br /> <br />REQUEST FOR TRANSFER OF COAL Mtn?nt7 and Safety <br /> <br />pER1vI7T <br />D <br />sal o,?,,,, <br /> A7y <br />SUCCESSIO>\t OF OP RA99%Ut <br /> Rump Georg <br /> [. EWCA%ft Dinnctw <br />RE LTA <br />Ronald W. Cavany <br />OWbian Dbectm <br />NaRnral Resatmot TRnm <br />A. On November 2002 , the Mined Land Reclamation Board of the Colorado <br />Department of Natural Resources (the "State") granted to <br />Lorencito Coal Company, LLC . address <br />4422 Bryan Station Road, Lexington, KY 40S16 ("Permittee') permit <br />number C-1996-084 (the "permits pursuant to which Permittee has been conducting a mining and <br />reclamation operation known as Lorencito Canyon Mine <br />Las Animas State of Colorado. <br />B. Per nittee wishes to assign the permit to <br />in the County of <br />New Elk Coal Company, LLC <br />address <br />122 best First Street, Trinidad, Colorado 81082 <br />as Successor <br />Operator ("Successor') and Successor wishes 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 fvr the <br />completion of the Plan. <br />11. <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 has inspected the mining and reclamation operations to its entire satisfaction and is <br />fully aware of the condition thereof. Successor understands and accepts all of the conditions of the Permit <br />2. Successor will complete the reclamation phut, and hereby assumes liability for completing <br />such plan as to all areas heretofore disturbed, as well as to all area hereafter disturbed. Successor will perform <br />all of the obligations of the Permittee under the Permit which have not heretofore been performed by <br />Permittee. <br />d81ae of <br />Mined Land Redanudon ofte of <br />Active and Inacbve Minas