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SURFACE LANDOWNER'S CONSENT <br />I, George J. Vonesh, Jr., certify that Public Service Company of. Colorado holds <br />surface rights on certain land on which Powderhorn Coal Company (Powderhorn) <br />has made application for Mining and Reclamation Permit No. C=81-041 with the <br />Colorado Division of Minerals and Geology. Aright-of-way has been reserved by <br />Powderhorn for a road on the land labeled (A1 below, and aright-of-way has been <br />granted to Public Service Company of Colorado by Powderhorn Properties for a <br />road on the land labeled (B) below: <br />(A) Portion of the SI/2SEI/4 Section 28 <br />(B) SW 1/4SW 114 Section 27 <br />All in Township 10 South, Range 98 West, 6PM, Mesa County Colorado. <br />I have examined the current mining and reclamation plan prepared by Powderhorn, <br />and in compliance with the Colorado Division of Minerals and Geology Rule <br />2.05.5(p(b), do hereby approve of the provisions of the plan relative to the above <br />described land. Also, in accordance with the Colorado Division of Minerals and <br />• Geology Rule 4.03.1 (1)(f), I do hereby request that the portion of Haul Road 5 <br />which crosses the above described land and as shown on the attached Exhibit "A" <br />be left in place subsequent to mining and reclamation operations. This road has <br />been used prior to and concurrent with Powderhorn's operation for general access <br />to this and adjacent land. The road will continue to be used for this purpose. <br />Dated this ~~ day of 1997. <br />PUBLIC SE,f;'i/ICE CQA(~PANY OF COLORADO <br />By: <br />• <br />Jr., Mana~"er, Engineering Support & <br />A14-5-14 (New 7/16/97) <br />