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SURFACE ACCESS AGREEMENT <br />THIS SURFACE ACCESS AGREEMENT, dated effective this day of C- . 2011, is made <br />by and between, owner TAMARA BURDZENS4KI,1202 Mistwood Court, Yorkville, IL 60560 -1693 <br />(hereinafter referred to as "Tamara'), and BOVINE RESOURCE% LLC, with an address at P.O. Box <br />1488, Paonb, CO 81428 (hereinafter referred to as "BRL'). <br />UJIMI <br />Tamara owns certain private property in Delta County, Colorado in the vicinity of the Stevens Gulch <br />Road as described as follows, as shown in Attachment A (Property map) and hereinafter referred to as <br />"the Lands": <br />Part of the Northeast 1/4, part of the Northwest 1/4, the East 1/2 of the Southwest 1/4 and part of <br />the Southwest 1/4 of Section 1, Township 13 South, Range 92 West of the 60' P.M. except that <br />portion described in the deed recorded in Hook 689 at Page 374 of the Delta County Clerk and <br />Recorder's records. <br />BRL owns and operates an underground coal mine in Delta County Co. near Tamara's Property. <br />Tamara is willing to permit BRL to perform all necessary surface operations associated with an active <br />coal base on Tamara Property under the terms and conditions described herein. <br />NOW, THEREFORE, in consideration of the premises, the receipt and sufficiency whereof are <br />acknowledged by each of the parties hereto, it is agreed as follows: <br />WrTITF-FrITT5.1 =71 <br />BRL, its employees, agents and contractors, have permission to enter upon and through <br />the Lands, together with the right to construct, maintain and use on or within the Lands <br />all equipment installed on the Lands, for the following purposes: <br />to survey, place markers, do future surveying and monitoring of actual or <br />potential surface effects and do the restoration or repair of surface effects <br />resulting from activities or BRL's mining operation; <br />ii. to explore or vent mine gases by installing drill holes and to perform water <br />monitoring with monitoring wells at a sites) mutually agreed to by both Tamara <br />and BRL, such agreement not to be unreasonably withheld; and, <br />iii. to conduct other activities related to gathering baseline data as may be necessary <br />or required to fulfill all permitting, leasing, and reclamation requirements. <br />iv. to perform reclamation or repairs as necessary to any roadways, drill sites, or <br />monitoring sites to the standards set forth in any applicable permit or regulation. <br />1 of 5 <br />