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enemy fuels coal, inc. <br />southtteld mine • post office box 459 • tlorence colorado 81226 ,719; 784 -b395 <br />October 29, 2012 <br />Ms. Loretta Pineda - Director <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Mr. Rob Zuber — Reclamation Specialist <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: Request for Final Phase III Bond Release <br />Kerr Coal Company - Kerr (Marr) Mine - Permit No. C -80 -006 <br />Dear Ms. Pineda: <br />Kerr Coal Company (KCC) hereby requests Phase III Final Release of bond and all <br />liabilities for the remaining unreleased areas at the Kerr (Marr) Mine site and at the <br />former Kerr Loadout site located south of the town of Walden in Jackson County, <br />Colorado. The previous surety bond release SL -04, approved in 2009, released all but <br />two 4 acre parcels and the related access road at the KCC mine site. SL -04 also <br />approved Phases 1 and 2 at the KCC Loadout site. The remaining unreleased areas <br />pertaining to this bond and liability release request, SL -05, are depicted on the Mine <br />Area Phase 3 Bond Release Map, Drawing 1 and the Loadout Area Phase 3 Bond <br />Release Map included in Appendix D with this release request application submittal. <br />KCC has managed and maintained the sites to successful completion of the <br />reclamation plan. The basis for this request is explained in detail in the accompanying <br />bond release application, two copies of which are provided for your files. <br />The accompanying bond release application is formatted to effect compliance with <br />applicable provisions of Rule 3.03.2. The accompanying public notice states Kerr <br />Coal Company's intent to seek bond release, and is designed to meet the requirements <br />for both notification of land owners and government bodies and publication in the local <br />newspaper. A listing of those individuals and entities to receive notice of the requested <br />bond release also accompanies this application. <br />Based on the successful completion of reclamation, KCC respectfully requests that the <br />DRMS release Nineteen Thousand Six Hundred Nineteen Dollars ($19,619.00) which is <br />100 percent (100 %) of the current bond amount and to release the respective area and <br />liabilities from the mining permit. <br />1 <br />L'1 <br />P Fr7;11fED <br />