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<br />~.)~ .: i <br />POST MINING LAND USE - SURFACE OWNER CONSENT <br />As indicated in the reclamation plan, the post mining land use <br />is identical to the existing pre-mining land use, i.e. undeveloped <br />range land with a railroad right-of-way. Mr. Adamic, the surface owner, <br />has expressed his intent regarding land use in the terms of the surface <br />lease which are reproduced below: <br />"Use and Occupancy of Properties. Tenant may use the Properties <br />or any portion or portions thereof for construction, use and maintenance <br />of a coal loading facility, stockpiling and storage of coal, and any and <br />all other lawful purposes. Tenant may also construct a fence along or <br />around all or part of the perimeters of Tracts "A", "B", and/or "C". <br />Tenant shall be responsible for the cost of any improvements or fixtures <br />• placed upon the Properties and shall not cause any mechanic's or material- <br />men's liens to be filed against the Properties. Tenant is hereby authorized <br />and permitted to remove or raze any trees, plants or topsoil on the Properties <br />as it may deem necessary, subject, however, to its obligations to comply <br />with reclamation requirements as~ specified in Paragraph 7 below." <br />"Reclamation and Compliance with Laws. Tenant agrees that while <br />this Lease is in effect, its operations will be in conformance with all <br />statutes and regulations of the United States, the State of Colorado and <br />the County of Fremont. In particular, Tenant will comply with all federal <br />regulations applying to reclamation of the Properties for disturbances <br />caused by Tenant's activities Lhereon." <br />"Landlord's Use of Tracts "A" and "C". Landlord shall have <br />the right to use, at no cost to Landlord, Tract "C" for the grazing of <br />Landlord's cattle, provided that Tenant has not fenced the perimeter of <br />Tract "C". Landlord shall also have a right of access across Tract "A" <br />to gain ingress and egress to and from lands owned by Landlord located to <br />. the west of Tract "A", provided that such access shall be located and <br />used in such a manner so as not to interfere unreasonably with Tenant's <br />use of Tract "A". If Tenant fences the perimeter of Tract "A", it shall <br />provide a gate or gates through which Landlord can obtain the above-described <br />