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' A~ov~co III IIIIIIIIIIIII III <br />;~ COLORADO DIVISION OF MINERALS AND GEOLOGY <br />'a" ~ 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />RECEIVED <br />MAY 2 71999 <br />MINING PERMIT -COAL Ditrision of Mineral 6G~8Y <br />Permit Date: February 28, 1999 <br />Permit No. C-81-012 <br />Permit Expiration Date: February 28, 2004 <br />THIS PERMIT is issued by the Division of Miuerals and Geology, Department of Natural Resources, <br />State of Colorado. <br />RECITALS <br />I. Picketwire Processing, LLC ("operator") desires to conduct a mining operation known as the <br />New Elk Mine for the purpose of extracting coal. <br />II. On February 28, 1999 the Division of Minerals and Geology ("the Division") approved the <br />operator's application for this permit, fixed the amount of bond and directed that this permit be <br />issued upon the filing with the Division of bond in the amount so fixed in form and substance <br />approved by the Division, and such bond has been so furnished. <br />III. On March 2, 1999 the Division made the following findings: <br />(a) The permit application is accurate and contains all information required under C.R.S., <br />34-33-101 er seq. and regulations promulgated thereunder and that all the requirements of <br />Article 33 of Title 34, C.R.S. ("such article") for the issue of a permit have been <br />complied with; <br />(b) The applicant has demonstrated that reclamation as required by such article can be <br />accomplished under the reclamation plan contained in the permit application; <br />(c) The assessment of the probable cumulative impact of all anticipated mining in the area on <br />the hydrologic balance specified in Section 34-33-110(2)(1) has been made by the <br />Division and the proposed operation thereof has been designed to prevent material <br />damage to the hydrologic balance outside the permit area; <br />