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COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 - 3567 <br />REQUEST FOR TRANSFER OF NOTICE OF INTENT <br />VI SC ,. TO CONDUCT COAL EXPLORATION <br />e SUCCESSION OF PERSONS CONDUCTING COAL EXPLORATION <br />02. \•0 I. <br />' o k Re�J l <br />'-. q c a ∎\\ RECITALS <br />A. On August 8 2006 <br />the Colorado Department of Natural Resources (the "State ") granted to <br />BTU Empire Corporation , address <br />29515 Routt County Road 27, Oak Creek, CO 80467 "Person to Conduct Coal <br />Exploration" ( "Person ") file number X- 2006- 214 -01 (the "Notice of Intent ") pursuant to <br />which Person has been conducting an exploration and reclamation operation in the County of <br />Moffat , State of Colorado. <br />B. Person wishes to assign the Notice of Intent to <br />Moffat County Mining, LLC , address <br />29515 Routt County Road 27, Oak Creek, CO 80467 <br />the Mined Land Reclamation Board of <br />Person ( "Successor ") and Successor wishes to become Successor under the Notice of Intent. <br />, as Successor <br />C. Successor understands that the reclamation permit (the "Plan ") required by the Notice <br />of Intent and by applicable State laws and regulations has not been completed and is willing to assume <br />full responsibility for the completion of the Plan. <br />II. <br />AGREEMENTS <br />Person 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 Notice of <br />Intent from Person to Successor, as follows: <br />1. Successor has inspected the exploration and reclamation operations to its entire <br />satisfaction and is fully aware of the condition thereof. Successor understands and accepts all of the <br />conditions of the approval of the Notice of Intent. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for <br />completing such plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. <br />Successor will perform all of the obligations of the Person under the Notice of Intent which have not <br />heretofore been performed by Person. <br />3. Successor hereby tenders to the State its attached reclamation bond *, which is to be <br />substituted for the bond and surety heretofore filed by the Person effective upon the release of the <br />latter bond and surety. <br />