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12. WEIGHTS—it is agreed that all ores,minerals and other materials mined and taken from the Leased Premises shall <br /> be weighed and assayed and the weight and assay thereof shall be entered in due form in weight and assay records <br /> kept for such purposes by Lessee. Tn means 2000 pounds and Weight shall be determined by official Colorado <br /> State certified scales or other methods approved by Lessor. <br /> 13. MINING LIMITATIONS—Mining shall be limited to the areas outlined in the Operation Plan requires(by <br /> paragraph 14 of this lease. There shall be no mining or disturbance in ordnance target areas including BT 47 in <br /> Section 25 of Leased Premises.No mining will occur in a corridor along Coal Creek without Lessor approval. <br /> That corridor shall have a minimum width of200 feet centered on the stream course.If the stream channel <br /> changes prior to adjacent mining then the corridor will change accordingly.No mining shall occur within 100 <br /> feet of existing cottonwood trees. <br /> 14. OPERATION PLM --Compliance with the Operation Plan attached in Exhibit B shall be mandatory and Lessor <br /> shall review compliance annually and notice Lessee on non-compliance issues and revolve this Lease if compliance <br /> is not forthcoming within one year after notice is issued unless conditions warrant a shorter time period and that <br /> period is included in the above referenced written notice to Lessee. If the non-compliance issue requires more than <br /> one year to remedy, Lessee shall request additional time in writing and diligently pursue compliance and <br /> demonstrate such to Lessor. All plans for exploration and mining shall be reviewed by Colorado Department of <br /> Public Health and Environment (CDPNE) for ordnance issues, US Fish & Wildlife Service (USF&WS) and <br /> Colorado Parks& Wildlife(CPW)and submitted to Lessor with attached comments from CDPNE, USF&WS and <br /> CPW for approval by Lessor before such operations begin. Lessee shall also provide copies of all annual reports that <br /> are submitted to Division of Reclamation Mining& Safety (DRMS)and to US Army Corps of Engineers(COE). <br /> The Operation Plan will include,but not be limited to the following: <br /> A. A limitation on the mining area to 60 acres as approved by the Board of Land Commissioners. <br /> B. Provisions for control of weeds. For this weed control plan to be approvable by Lessor it must comply with the <br /> Colorado Noxious Weed Act,§35-5.5-101,et seq.,C.R.S.,as amended. <br /> C. Plans for compliance with requirements of CDPNE,USF&WS,and CPW. <br /> D. An outline form of the Reclamation Plan(the complete reclamation plan is required under Paragraph 16). <br /> This paragraph is in addition to and shall not limit,preempt or replace paragraph 34,Default and Forfeiture. <br /> 15. ENVIROMENTAL ANALYSIS-- Lessor may require that Lessee submit an environmental analysis for approval <br /> by Lessor before any exploration or mining begins. <br /> 16. RECLAMATION — Less shall submit all plans for restoration and reclamation of Leased Premises to Lessor for <br /> Lessor`s approval before submitting the appropriate permit or permits pursuant to the Colorado Mined Land <br /> Reclamation Act 34-32-101 ETSFQ.,C.R.S.as amended,and all reports required by Arapahoe County. Rules and <br /> regulations as set forth by the Division of Reclamation Mining& Safety (DRMS) for recovery and restoration of <br /> mined land shall apply where applicable to the Leased Premises. Elements of the reclamation plan shall include but <br /> not be limited to: <br /> A. Final slopes on all disturbed areas that have not been released by DRMS as of July 30,2004,will be graded <br /> to a maximum grade of 5 feet horizontal to l foot vertical(5:1)unless the pre-mining slope is steeper than <br /> 5:1 in which case the maximum grade will be set by the slope of the original surface. Areas graded and <br /> seeded prior to July 30,2004,will not require re-grading. <br /> Page 5 of 12 <br />