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3. Successor hereby tenders to the State its attached reclamation bond*, which is to be substituted <br />for the bond and surety heretofore filed by the Permittee effective upon the release of the latter bond and <br />surety. <br />4. Successor represents to the State that, to the best of its knowledge, information and belief, it is <br />not in violation of any of the provisions of the Colorado Surface Coal Alining Reclamation Act with respect to <br />any other operation conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment of the Permit, to <br />recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute bond and <br />surety in place of the bond and surety presently on file with the Stets. <br />* Attach executed reclamation bond. <br />EXECUTED this lotti day of April <br />2008 <br />Lorencito Coal Company, LLC <br />Name of Permittee <br />By <br />Signature of Officer <br />President <br />Title of Permittee <br />STATE OF Y"'Ti UCKY <br />COUNTY OF <br />NOTARY PUBLIC <br />New Elk Coal Company, LLC <br />Name of Successor <br />By A69-s? <br />sSignatice4f officer <br />President <br />Tide Successor Operator <br />NOTARY FOR PERMME <br />) ss- <br />The foregoing instrument was acknowledged before me this day of <br />April 2008 . by Bruce Addington as <br />President of Lorencito Coal Company, LLc <br />My Commission expires