2014-10-10_PERMIT FILE - C1996083A ‎(25)‎

• Permit No: C1996083A
• IBM Index Class Name: Permit File
• Doc Date: 10/10/2014
• Section_Exhibit Name: Volume III Exhibit 01 Coal and Water Rights
• Media Type: D
• Archive: Yes

Sec. 6. DOCUMENTS, EVIDENCE AND INSPEC"17ON - At such times and in
such form as lessor may prescribe, lessee must furnish detailed statements
showing the amounts and quality of all products removed and sold front the
lease. the proceeds therefrom, and the amount used fur production purposes or
unavoidably lost.
Lessee must keep open at all reasonable times for the inspection by BLM the
leased premises and all surface; and underground improvements. works.
machinery. ore stockpiles. equipment. and all books. accounts, maps. and
records relative to operations. surveys. or investigations on or under tlx: Ica. -cd
lands.
Lessee must allow lessor access to and copying of documents reasonably
necessary to verify lessee compliance with terms and conditions of the lease.
While this lease remains in effect, information obtained under this section will
be closed to inspection by the public in accordance with the Freedom of
Information Act (5 U.S.C. 552).
Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS -
Lessee must comply at its own expense with all reasonable orders of the
Secretary, respecting diligent operations, prevention of waste, and protection of
other resources.
Lessee must not conduct exploration opctations, other than casual use, without
an approved exploration plan. All exploration plans prior to the commencement
of mining operations within an approved mining permit area must be submitted
to the BLM.
Lessee must carry on all operations in accordance with approved methods and
practices as provided in the operating regulations, having due regard for the
prevention of injury to life, health, or property, and prevention of waste, damage
or degradation to any land, air. water. cultural, biological. visual, and other
resources. including mineral deposits and formations of mineral deposits not
leased hereunder, and to other land uses or users Lessee must take measures
deemed necessary by lessor to accomplish the intent of this lease term. Such
measures may include, but are not limited to, modification to proposed siting or
design of facilities, timing of operations, and specification of interim and final
reclamation procedures. Lessor reserves to itself the right to lease. sell, or
otherwise dispose of the surface or other mineral deposits in the lands and the
right to continue existing uses and to authorize future uses upon or in the leased
lands. including issuing leases for mineral deposits not covered hereunder and
approving easements or rights -of -way. lessor must condition such uses to
prevent unnecessary or unreasonable interference with rights of lessee as may be
consistent with concepts of multiple use and multiple mineral development.
Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTU-
NITY - Lessee must: pay when due all taxes legally assessed and levied under
the laws of the State or the United States; accord all employees complete
freedom of purchase; pay all wages at least twice each month in lawful money
of the United States; maintain a safe working environment in accordance with
standard industry practices; restrict the workday to not more than 8 hours in any
one day for underground workers, except in emergencies; and take measures
necessary to protect the health and safety of the public. No person under the age
of 16 years should be employed in any mine below the surface. To the extent
that laws of the State in which the lands are situated are more restrictive than the
provisions in this paragraph, then the State laws apply.
Lessee will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, as amended, and the rules, regulations, and relevant orders
of the Secretary of Labor. Neither lessee nor lessee's subcontractors should
maintain segregated facilities.
Sec. 9. (a) TRANSFERS -
T his lease may be transl'etrred in whole or in part to any person.
association or corporation qualified to hold such lease interest.
'lids lease may be transferred in whole or in part to another public body
or to a person who will mine coal en behalf of, mid for die use of. the
public body or to a person who for die limited purpose of creating a
security interest in favor of a lender agrees to be obligated to mine the
coal on behalf of the public body.
This lease may only be transferred in whole or in part to another small
business qualified under 13 CFR 121.
Transfers of record title, working or royalty interest must be approved in
accordance with the regulations.
(b) RELINQUISI IMENT -The lessee may relinquish in writing at any time all
rights under this lease or any portion thereof as provided in the regulations.
Upon lessors acceptance of the relinquishment, lessee will be relieved of all
future obligations under the lease or the relinquished portion thereof.
whichever is applicable.
Sec. 10. DELIVERY OF PREMISES, REMOVAL 01= MACHINERY.
EQUIPMENT, ETC. - At such time as all portions of this base are returned to
lessor, lessee must deliver up to lessor the land leased, underground timbering,
and such other supports and structures necessary for the preservation of the
mine workings on the leased premises or deposits and place all workings in
condition for suspension or abandonment. Within 180 days thereof, Icmee
must remove from the premises all other structures. machinery. equipment.
tools. and materials that it elect.- to or as required by the BLM. Any such
structures, machinery, equipment, tools. and materials remaining on the leased
lands beyond 180 days, or approved extension thereof. will become the
property of the lessor, but lessee may either remove any or all such property or
continue to be liable for the cost ol'removal and disposal in the amount
actually incurred by the lessor. If the surface is owned by third parties, lessor
will waive the requirement for removal, provided the third parties do not object
to such ovaiver. Lessee must, prior to the termination of bond liability or at any
other time when required and in accordance with all applicable laws and
regulations, reclaim all lands the surface of which has been disturbed. dispose
of all debris or solid waste, repair the offsite and onsite damage caused by
lessee's activity or activities incidental thereto. and reclaim access roads or
trails.
Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If lessee fails to comply
with applicable laws, existing regulations, or the terms, conditions and
stipulations of this [case, and the noncompliance continues for 30 days after
written notice thereof, this lease will be subject to cancellation by the lessor
only by judicial proceedings. This provision will not be construed to prevent
the exercise by lessor of any other legal and equitable remedy, including
waiver of the default. Any such remedy or waiver will not prevent later
cancellation for the same default occurring at any other time.
Sec. 12. 1 1E1RS AND SUCCESSORS -IN- INTEREST - Each obligation of this
lease will extend to and be binding upon, and every benefit hereof will inure
to, the heirs, executors, administrators, successors, or assigns of the respective
parties hereto.
Sec. 13. INDEMNIFICATION - Lessee must indemnify and hold harmless the
United States from any and all claims arising out of the lessee's activities and
operations under this lease.
Sec. 14. SPECIAL STATUTES - This lease is subject to the Clean Water Act
(33 U.S.C. 1252 ct seq.), the Clean Air Act (42 U.S.C. 4274 et seq.), and to all
other applicable laws pertaining to exploration activities, mites operations
and reclamation, including the Surface Mining Control and ftlamation Act of
1977 (30 U.S.C. 1201 et seq.).
Sec. 15. SPECIAL STIPULATIONS —
Please see attached Bureau of Land Management Decision. RecorJ4ndJ;o'rest
Service appendix A.
(Continued on page 3) (f=orm 3400 -12, page 2)