PERMFILE42185

• Permit No: C1981020
• IBM Index Class Name: Permit File
• Doc Date: 5/31/2007
• Section_Exhibit Name: Appendix C Right of Entry and Operation Information
• Media Type: D
• Archive: No

wmkers, ezcept in r •s of r rgerr( employ no
boy under the age o. eixleen .d no sur or women,
w ilhoul regard to age, in any mine below the surface;
unless the laws of the State otherwise provide,-in which
case the Slate laws control. ~ .-
(m)'Tares. To pay when due, all lexea lawfully
assessed and levied nndw the laws o[ the Slate m the
United States upon improvements, output of mines, or
other rights, property, m assets of the lessee.
(nl Overriding myal[iu. Not to create, by'dssiga-
amnt m otherwise, en overriding royalty interest in
excess of SO percent of the rate'of royalty finl payable
to the United Slates under this lease or an overriding
royalty interest which when added to any other out-
standing overriding royalty interest extteds (fiat per-
centage, excepting, that where an interest in the lease-
hold m in an operating agreement is assigned, the
assignor may retain as overriding royalty interest in
excess of the above limitallon R he shows to the
satisfaction of the Bureau of [and Management, that he
has made substantial investments for improvements on
the lend covered 6y the assignment.
(o) Delivery o/ premises in case of fort<ilroe. Io
case of iwititurc of this lease, to deliver up to the
lessor in goad order end condition the lend leased, to-
chiding all buildings, and nnderground tlmberfng and
such other supports amt structures as are necessary fm
the preservation o[ the m[ne m deposit.
Sec. 3. The lessor expressly reserves:
(a) Rigb[s reserved. The right to permit for joint
or aeverai use such easements or rights-of-way, in-
cluding easements In tunnels upon, through, w in the
lard leased, occupied, w used as rosy be necessary m
appropriate to the wmking of the same or other lards
containing the deposits described in the act, and the
lrcatment cad shipment 'of the products thereof by w
undm authority of the Government, Its lessees or
permittees, erd fm other public purposes.
(b) Disposition of sv/ace. The right to lease,
i sell, or o[berwise dispose of the surface of the leased
lands under existing law w laws hereafter enacted, lo-
• solar as said surface 3s not necessary tw Lhe nse of the
Iecsee in the extraction cad remove( of the coal thereto,
' m to dispose of any resource in such lands which w[ll
nd unreasonably Interfere with operations under this
lease.
(c) Monopoly and fair pacer. Full power end
authority to promulgate and~enfmce ell the provisions of
section 30 of the eM to insure the sale o[ the production
of said leased lends to the Uailed Steles and to the
public et rcasonahle prices, to prevent monopoly, and
to sdeguard the public welfare.
(d) Readjastmenl o/ terms. The right reasonably
to readjust and fix royalties payable hereunder cod other
terms and conditions at the end of 20 years from the
dale hereof end t:ereafter al the end of each succeeding
20.yeae period during the continuance of this lease
unless otherwise provided 6y law K the lima of the ex-
piration of any such period. Unless the lessee files
objedians to the proposed forms w a relinquishment of
the lease within 30 days alter receipt o[ the notice of
proposed terms fora 26year period, he will 6e deemed
to have agreed to such terms.
(e) Waiver of conditions. The right to waive any
breach o[ the conditions contained herein, erespt the
breach of such conditions as am required by the act.
but any such waiver shall extend only to the pecticnlar
breach so waived end shell not limit the rights of the
lessor with re• ~cl to rte breach; nor shall the
waiver of e p cular'cau~e of forfeiture prevent can-
cellation of this lease for any other cause, or for the
same tense ocemting et unolhm time.
Sec. 4. Re[inquitbmenl of lease. Upon 9 satisfactory
showing that the public interest will not 6e impaired,
the lessee may smrcnder the entire lease or any legal
eubdivisioa thercaG A relinquishment must 6e (fled in
duplicate in the appropriate land o[Gce. Vpon its
acceptance It shell be effective es of the date it is
tiled, subject to the continued obligation o[ the lessee
and his surety to make payment of all accrued rentals
and royalties end to provide for the preservation of any
mines or productive works or permanent improvements
on the leased lands in accordance with the regulations
end terms of the lease.
Sec. S. Protection o/ [be svr/ace, natural resources,
and improvemm[s. The lessee agrees to take such rea-
sonable steps es may be needed to prevent operations,
including operation of operating plants on the leased
premises, from unnecessarily: (I) causing or conirib-
uting to sail erosion or damaging any forage and timber
growth on the leased lands or on Federal or non-Federal
]ands in (fie vftinity; (2) polluting air end water, (3)
damaging crops, including forage, timber, or improvr
meats of a surface owner, (4) damaging improvements
whether owned by the United States or by its pecmittees
or lessees; or (5) destroying, damaging, or removing fos-
sils, historic or prehistoric ruins, or artifacts; and upon
any partial or total rclinquishmen[ or the cancellation
or expiration of this lease, or at any other time prior
thereto when required end to the extent deemed neces-
sary by the lessor to fill sny sump holes, ditches, and
other excavations, remove or cover all debris, and, so
far es reasonably passi6l<, restore the surface o[lhe
leased land and access roads to its former condition,
including the removal of structures as end if required.
The lessor may prescribe the steps to be taken and res-
toration to 6e made with respect to the leased lends
and improvements thereon, whether or not owned by the
United States. .
Sac. b. Remount of equipment, <tc., on termination o/
(ease. Upon termination of this lease, 6y surtender w
farfeilurc, the lessee shall Gave ffie privilege rat .any
lime within a period of 90 days thereafter of removing
from the premises all machinery, equipment, tools cad
materials, ezcept underground timbering placed by the
lessee in or on the leased lards, which ere necessary
fm the preservation of the mine. Any materiels, tools,
appliances, machinery, structures, erd equipment,
subject to removal as above provided, ahic6 ere allowed
to remain on the leased lards shall become the property
a( the lessor on expiration of the 90-day period m such
extension thereof as may 6e granted because of adverse
climatic conditions, but the lessee shell remove any or
all of such property where eo duetted by the lessor.
Sec. 7. Pr«eedings in case of defauff. I[ the lessee
shall not comply with any of the provisions o[ the act
or the regrslatiq_n„thffiunder~r,default-In-th•_-parformY--
ence or observance of sny of the provisions of This
lease, end such default shell continue for a period of
30 days after service o[ written notice thereof by the
Iessm, the Iessm may institute appropriate pr«eedings
in • court o[ competent jurisdiction for the forfeiture
amt caneellaUon of this lease es provided In section 31
of the act. 1[ the lessee fails to take prompt end nec-
essary steps to prevent loss or damage to the mine,
property, of premises, or )longer to ffie employees, the
lessor may enter on the premises end take such meas-
ures ns may b< deemed necessary to prevent such loss
or damage or to correct the dangerous or unsafe con-
dition o[ the mine w works thereof, which shell be at
the expense o[ the lessee. However, the lessee shall.