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B. Contouring for final reclamation will be to a maximum depth of 25 feet below pre-mining contours and <br /> prominent survey points, such as those set by professional surveyors,will be set by Lessee to insure that this <br /> condition is met. <br /> C. Backfill operations shall be conducted to maximize compaction to the extent practicable. <br /> D. All mined areas shall be mapped on a master map and the depth and type of backfill and the prominent survey <br /> points shall be depicted on the map. The map will also depict geologic and hydrologic conditions encountered <br /> during mining or exploration. As mining operations are completed and the areas are no longer needed for the <br /> operation,and future mining adjacent to that land will not adversely affect the success of reclamation,the mined <br /> land will be back#illed, graded, topsoiled with at least 10 inches of topsoil, and revegetated. Lessee shall not <br /> disturb areas other than those approved in the Operation Plan,and shall not disturb more than 150 acres at one <br /> time without Lessor approval.The calculation of the 150 acres shall not include roads,or seeded areas,pending <br /> DRMS inspection and release from bonding requirements for such seeded areas. <br /> E. When stripping topsoil, if another parcel is ready to receive soil, that freshly stripped soil will be placed on <br /> that parcel to take maximum advantage of the seed bank within the freshly stripped soil. Topsoil piles <br /> standing for more than six months shall be seeded with an appropriate seed mix to prevent erosion. <br /> F. Control of noxious weeds shall be implemented on all land disturbed as a consequence of the mining <br /> operation and conducted along and twenty-five feet on either side of all transportation corridors used by the <br /> mining operation in accordance with the approved Operation Plan. In the event a fully integrated weed <br /> management plan is developed by the State Land Board for the Lowry Range,weed control efforts on the <br /> mined land shall be consistent with the methods stated in the integrated weed management plan.Control <br /> measures of non-noxious weeds will be taken when those non-noxious weeds threaten the success of the <br /> desired vegetation.Control measures may include mowing as needed to reduce moisture competition. <br /> Variations from the reclamation plan as originally submitted to the Board for approval may be granted only with the <br /> written approval of Lessor. <br /> 17. 494 PERMIT COMPLIANCE-- Lessee recognizes that it is the permittee and responsible for activities under COE <br /> 404 Permit #198811488. Lessee shall ensure continued compliance and cure any issues that arise in the most <br /> expedient manner possible. Lessor will assist by requiring that any grazing lessee will not tamper with any fences <br /> established by the Lessee and that such grazing lessee shall repair any fences that are impacted by grazing animals. <br /> 18. LESSOR'S APPROVAL-- Whenever approval by Lessor is required or contemplated by Lessee,approval must be <br /> evidenced in writing and shall be optional and shall be within the sole and absolute discretion of Lessor. <br /> 19. OTHER STATE AGENCIES -- Lessor may determine that instruments and documents required by other State <br /> agencies satisfy certain requirements of this lease. In the event that Lessee is required to file instruments and <br /> documents with other State agencies, including the Division of Reclamation Mining& Safety, Lessee shall notify <br /> Lessor of said filing and Lessor reserves the right to request and obtain copies of such instruments and documents <br /> from the agency or from Lessee. <br /> 20. INSPECTION —The parties agree that Lessor or Lessor's duly authorized agent, is authorized to check assays and <br /> scales as to their accuracy,to go through or on any pact or all of the Leased Premises to examine,inspect,survey and <br /> take measurements of the same and to take samples of any kind and to examine and make extracts from or copies of <br /> all books and weight sheets and records which show in any way the ore output,ore values, payments and royalties <br /> from and of the Leased Premises. All conveniences necessary for such inspection, survey, or examination shall be <br /> furnished to Lessor. Lessor may require Lessee to provide all instruments and documents of any kind and nature <br /> whatever which affect Lessor's interests. <br /> Page 6 of 12 <br />