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By acquisition of this land, the owner, pursuant to Section 714 of the Surface Mining <br />Control and Reclamation Act, 30 U.S.C. 1304, gives its "surface owner" consent to the <br />United States and its lessees to enter and commence surface mining operations to extract the <br />United States' reserved coal. <br />This exchange is made under Section 29 of the Act of February 25, 1920, 30 U.S.C.186, <br />and the Act of March 4, 1933, 30 U.S.C. 124, and the patent will be issued subject to the <br />rights of prior permittees or lesees to use so much of the surface of said land as is required <br />for mining operations, without compensation to the patentee {or damages resulting from <br />proper mining operations. <br />Other: <br />Landowner, its successors and assigns, do hereby covenant and agree that there will be no <br />new construction, filling of land, or reductions in water supply or vegetational diversity on <br />.87 acre of the wetlands identified in Exhibit "B", attached hereto and made a part <br />hereofunless specific permission is granted by the U.S. Forest Service. For monitoring <br />purposes, the United States shall be permitted access across lands of the Landowner to <br />inspect the wetlands identified herein. <br />2. Term Grazing Permit (Dry Fork Allotment) issued to Stover Ranches on 04-06-95. That <br />portion of said pemut affected by this exchange shall be relinquished/waived at or prior to <br />closing. <br />3. Term Grazing Permit (Dry Fork Allotment) issued to Maurice and Donna Holvoet on 05- <br />04-92. That portion of said permit affected by this exchange shall be relinquished waived at <br />or prior to closing. <br />4. Term Grazing Pemut (Dry Fork Allotment) issued to Edwin S. Allen on 02-21-95. That <br />portion of said permit affected by this exchange shall be relinquished/waived at or prior to <br />closing. <br />5. Term Grazing Permit (Dry Fork Allotment) issued to Dallas Harding on 01-29-92. That <br />portion of said permit affected by this exchange shall be relinquishedlwaived at or prior to <br />closing. <br />6. Term Grazing Permit (Dry Fork Allotment) issued to Dazold Hawk on O1-29-92. That <br />portion of said permit affected by this exchange shall be relinquished/waived at or prior to <br />closing. <br />weexag.lb <br />8 <br />fa <br />