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I 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 Mining 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 State. <br />* Attach executed reclamation bond. <br />EXECUTED this 17th day of September <br />The Pittsburg & Midway Coal Mining Co. <br />Name of Permittee <br />B <br />Signature of Officer <br />Vice President - Finance & Administration <br />Title of Permittee <br />STATE OF Colorado <br />2007 <br />Chevron Mining Inc. <br />Name of Successor <br />Qy <br />ignature of Officer <br />Vice President - Finance & Administration <br />Title Successor Operator <br />NOTARY FOR PERMITTEE <br />) ss. <br />COUNTY OF Arapahoe ) <br />The foregoing instrument was acknowledged before me this 17th day of <br />September 2007 by Jarrel V. Burrow <br />as <br />Vice President - Finance & Administration of The Pittsburg & Midway Coal Minin Co. <br />NOTARY PUBLIC <br />My Commission expires <br />- - - - - - - - - - - - <br />GRETCHEN WIPER <br />Notary Public <br />state of Colorado