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f .. <br />r <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SARECEIVED <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />JUL 0 ® 2009 <br />Division of Reclamation, <br />Mining and Safety <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS Bill Ritter, Jr. <br />Governor <br />I Harris D. Sherman <br />Executive Director <br />RECITALS Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />A. On April 20 2008 the Mined Land Reclamation Board of the Colorado <br />Department of Natural Resources (the "State") granted to <br />Bowie Resources LLC , address <br />P.O. Box 1488, Paonia, CO 81428 ("Pennittee") permit <br />number C-1981-038 (the "Permit") pursuant to which Permittee has been conducting a mining and <br />reclamation operation known as the Bowie No. 1 Mine in the County of <br />Delta , State of Colorado. <br />B. Permittee wishes to assign the permit to <br />Bowie Resources LLC , address <br />P.O. Box 1488, Paonia, CO 81428 , 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 for 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 plan, and hereby assumes liability for completing <br />such plan as to all areas heretofore disturbed, as well as to all areas 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 />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines