Laserfiche WebLink
• <br />- C c. 7 <br />- I ~- '~ <br />AGREEMENT AND STIPULATION <br />n <br />An Agreement and Stipulation made this ~ day of Qr {i,L~c~. 1982, <br />between Seneca Coals, Ltd. ("Seneca"), a joint venture consisting of Peabody Coal <br />Company, a Delaware corporation, and Western Utility Corporation, a Colorado corpor- <br />ation, and Faye S. Temple, Marvin D. Hudson, Frankie T. Hudson, Hubert B. Epps, and <br />Doisey J. Epps, individuals (collectively referred to as "Landowner"); <br />RECITALS <br />I. By an instrument entitled "Coal Mining Lease", dated July 2, 1974 ("Surface <br />Lease") Landowner granted Peabody Coal Company, a venturer in the Seneca joint <br />venture, coal mining rights on certain lands owned by Landowner in Routt County, <br />Colorado ("Lands"). Seneca is presently developing and applying for the necessary <br />permits for a surface coal mine ("Mine") encompassing the Lands. <br />2. A small stock water pond ("existing pond") is located on the Lands within the <br />SENE, Section 22, TSN, R88W. The existing pond overlies coal and may be destroyed in <br />the course of Seneco's surface mining operations. The locatim of the existing pond is <br />more specifically described as point A on the map attached hereto and incorporated <br />herein as Exhibit A. <br />3. Seneca plans to construct near the location designated point B on Exhibit A, a <br />sedimentation pond ("new pond"), with an initial storage capacity of approximately 19.86 <br />acre-feet, for purposes of controlling sediment from lands disturbed by mining. The new <br />pond would be a necessary and integral part of the mining operations. <br />4. Seneca's need for the new pond would cease upon completion of mining and <br />reclamation activities, but following such mining and reclamation, the new pond would <br />constitute a valuable improvement to the property, would be useful to Landowner as a <br />stock water pond, and would materially benefit Landowner's use of the property for <br />grazing and other agricultural purposes. <br />AGREEMENT <br />Now therefore, the parties stipulate and agree as follows: <br />I. Landowner specifically acknowledges and affirms Seneca's right under provisions <br />of the Surface Lease to mine through and destroy the existing pond, subject to obliga- <br />tions under statute to reclaim the Lands, and that payments Landowner receives pursuant <br />to this Surface Lease includes full compensation for the loss of the existing pond and any <br />water rights appurtenant thereto. <br />2. Seneca agrees to seek permission from appropriate regulatory agencies to <br />construct the new pond at the location described as point B on Exhibit A, as p permanent <br />impoundment with o storage capacity of approximately 19.86 acre-(eet. If approval is <br />obtained, Seneca agrees to construct the new pond, subject to the contingencies and <br />conditions set forth in paragraph S below, in accordance with applicable standards and <br />requirements set forth in the federal Surface Mining Control and Reclamation Act of <br />1977 and the Colorado Surface Coal Mining Reclamation Act and regulations promul- <br />gated pursuant thereto. <br />• <br />