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SURFACE LANDOWNER'S CONSENT <br />I, Larry Clever, certify that Ute Water Conservancy District (Ute) holds surface rights on <br />certain land on which Snowcap Coal Company, Inc. (SCC) has made application for a <br />Technical Revision (TR -64) for Mining and Reclamation Permit No. C- 1981 -041 with the <br />Colorado Division of Reclamation, Mining and Safety (DRMS). Ute's surface rights <br />within the permit boundary includes areas known as the South Fan and Access Road to <br />the 2 West Portals located in Section 2, Township 11 South, Range 98 West, 6t" P.M., <br />Mesa County, Colorado. <br />Ute is requesting approval by the DRMS to retain approximately 1300 feet of barbed <br />wire fencing and gate as permanent features. The approximate location of these <br />features is shown on the attached diagram A14 -5 -44. I have examined the proposed <br />technical revision and revised reclamation plan prepared for SCC by J. E. Stover and <br />Associates, Inc., and in compliance with the DRMS's rule 2.05.5(2)(b), do hereby <br />approve of the provisions of the plan relative to the above described land. <br />Dated this day of '2013. <br />UTE WATE6(G NSFAVANCY DISTRICT <br />Vrry Clever <br />General Manager <br />Ute Water Conservancy District <br />TR -64 A14 -5 -43 (New 06/13) <br />