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,~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone:. (303) 866-3567 <br />FAX: 13031832-8106 <br />REQUEST FOR TRANSFER OF COAL PERMIT AND SUCCESSION OF OPERATORS <br />RECITALS <br />Bill Owens <br />Governor <br />A. On APril 04 2002 ,the Mined Land Reclamation Board of the <br />Colorado Department of Natural Resources (the "State") granted to <br />Bowie Resources Limited <br />P.O. Box 483, Paonia, CO 81428 <br />address <br />COLORADO <br />DIVISION OF <br />MIN &RALS <br />GEOLOGY <br />~ ECLAM I.TION • 1'1r NI NG <br />EafFT V•FCIENCE <br />Greg E Watcher <br />Executive Diretlor <br />Ronald W. Canany <br />Division Direttor <br />Natural Resource Trustee <br />("Permittee") permit <br />number C-1996-083 (the "Permit^) pursuant to which Permittee has been conducting a mining <br />and reclamation operation known as Bowie No. 2 Mine <br />in the County <br />of Delta ,State of Co]orado. <br />B. Permittee wishes to assign [he permit [o <br />Bowie Resources, LLC ,address <br />1500 North Big Run Road, Ashland, KY, 41102 , as Successor <br />Operator ("Successor") and Successor wishes to become Successor Permittee under the permit. <br />C. Successor understands that the reclamation plan (the "Plan") required by the permit and by <br />applicable Slate laws and regulations has not been completed and is willing to assume full responsibility <br />for the completion of the Plan. <br />II. <br />AGREEMENTS <br />Permittee 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 Stale of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction <br />and is fully aware of the condition thereof. Successor understands and accepts all of the conditions of the <br />Permit. <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 wilF perform all of the obligations of the Permittee under the Permit which have not heretofore <br />been performed by Permittee. <br />Office of <br />Mined Land Reclamation <br />Offire of <br />Active and Inactive Mines <br />Colorado <br />Geological Survey <br />