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coEOe>,00 <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />`" "' ° ` 1313 Sherman Street. Room 215, Denver, Colorado 80203, (303) 566 -3567 <br />RECLAMATION <br />M INIiV4 <br />SAFETY <br />REQUEST FOR TRANSFER OF NOTICE OF INTENT <br />TO CONDUCT COAL EXPLORATION <br />AND SUCCESSION OF PERSONS CONDUCTING COAL EXPLORATION��� <br />RECITALS <br />A. On July 7 1988 the Mined Land Reclamation Board of the Colo&oy, <br />Department of Natural Resources (the "State ") granted to <br />Peabody Coal Company , address <br />1300 S. Yale, Flagstaff, AZ 86001 "Person to Conduct Coal <br />Exploration" ( "Person ") file number X- 1988 - 168 -22 (the "Notice of Intent ") pursuant <br />to which Person has been conducting an exploration and reclamation operation in the <br />County of Routt , State of Colorado. <br />B. Person wishes to assign the Notice of Intent to <br />Seneca Coal Company LLC , address <br />PO Box 670, Hayden, CO 81639 , as Successor Person ( "Successor ") and <br />Successor wishes to become Successor under the Notice of Intent. <br />C. Successor understands that the reclamation permit (the "Plan ") required by the Notice of <br />Intent and by applicable State laws and regulations has not been completed and is willing <br />to assume 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 <br />of Intent from Person to Successor, as follows: <br />Successor has inspected the exploration and reclamation operations to its entire <br />satisfaction and is fully aware of the condition thereof. Successor understands and <br />accepts all of the 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 <br />disturbed. Successor will perform all of the obligations of the Person under the Notice of <br />Intent which have not heretofore been performed by Person. <br />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 <br />release of the latter bond and surety. <br />