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RECEPTION#: 643987, 08/31/2006 at 03:03:40 PM, 1 OF 6, R $31.00 Doc Code:LEA <br />Kay Weinland, Routt County, CO <br />IN <br />SURFACE USE LEASE <br />(Vegetation Monitoring) <br />This Surface Use Lease ("Lease") is entered into and effective as of the X$ day of <br />August, 2006 by and between, Chevron U.S.A. Inc., ("Owner") and The Pittsburg & Midway <br />Coal Mining Co. ("P&M"), both with a place of business at 116 Inverness Drive East, Suite <br />207, Englewood, CO 80112 <br />RECITALS <br />1. P&M is the operator of the Edna Mine, which is now in reclamation. <br />2. P&M requires continued access to certain areas in connection with Permit C-1980-001 <br />(the "Permit") issued by Colorado Division of Minerals and Geology (now known as the <br />Colorado Division of Reclamation, Mining, and Safety) ("CDMG") for the purpose of <br />monitoring the reclaimed areas. <br />3. Any disturbance of the Vegetation Sites described below could result in substantial <br />damages to P&M. <br />4. Owner is willing to grant to P&M the rights of access and possession required by the <br />Permit for the vegetation monitoring. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, Owner and P&M hereby agree as follows. <br />LEASE TERMS <br />1. Access Road: Owner grants to P&M the unrestricted right to use, maintain and improve the <br />two track road, (the "Road") depicted on Exhibit A, attached hereto. P&M shall repair any <br />damage to the Road caused by P&M's use of the Road, but will not be required to remove or <br />reclaim the Road following the expiration of this Agreement. Owner reserves the right to <br />utilize the Road, but shall not interfere with P&M's right of use. <br />