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<br />July 27, 2007 <br />Ms Janet Binns - Reclamation Specialist <br />Colorado Division of Reclamation, Mining & Safety <br />1313 Sherman Street -- Room 215 <br />Denver, CO 80203 <br />RE: Kerr (Marc) Mine - Jackson County, Colorado <br />Retention of Equipment & Steel Tanks <br />Dear Janet Binns: <br />Kerr Coal Company (Kerr) has informed me that you have requested information <br />concerning equipment located at the Kerr mine shop building. This letter is to inform you <br />that I have purchased the property and the equipment from Kerr. The Cat 12 Motor <br />grader, 2 large steel tanks, weather station/tower and other miscellaneous items located <br />by the shop building at the Kerr mine are to remain on site. <br />I understand that Kerr is requesting bond release for that area and I want the <br />equipment mentioned above for future land use. <br />If you have any questions, please contact me. <br />Sin rely, <br />Douglas Barnett <br />46106 Highway 34 <br />O hard, CO 80649