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PERMFILE43145
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PERMFILE43145
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Entry Properties
Last modified
8/24/2016 10:45:32 PM
Creation date
11/20/2007 11:27:19 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1982057A
IBM Index Class Name
Permit File
Doc Date
12/11/2001
Section_Exhibit Name
Tab 16 Protection of the Hydrologic Balance
Media Type
D
Archive
Yes
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?.r <br />~ M ~ <br />AGREEMENT AND STIPULATION <br />An Agreement and Stipulation made this ~ day of Gcfio ytv 1982, <br />between Seneca Coals, Ltd. ("Seneca"), a joint venture consisting of Pea~y Coal <br />Company, a Delaware corporation, and Western Utility Corporation, a Colorado corpor- <br />ation, and Bogle Farms, Inc., an Arizona corporation ("Landowner"); <br />RECITALS <br />I. By an instrument entitled "Surface Lease for Coal Mining Purposes", dated June <br />23, 1975 ("Surface Lease") Landowner granted Peabody Cool Company ("Peabody"); a <br />venturer in the Seneca joint venture, surface coal mining rights an certain lands owned <br />by Landowner in Routt County, Colorado ("Lands"). Seneca is presently developing and <br />applying for the necessary permits for a surface coal mine ("Mine") encompassing the <br />Lands. <br />2. A small stock water pond ("existing pond") is located on the Lands within the <br />NWNE, Section 15, TSN, R88W. The existing pond overlies coal and may be destroyed in <br />the course of Seneca's surface mining operations. The location 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 north quarter corner of Section 15, TSN, <br />R88W, a sedimentation pond ("new pond"), with an initial storage capacity of approxi- <br />mately 3.50 acre-feet, for purposes of controlling sediment from lands disturbed by <br />mining. The tentative location for the new pond is described as point B on Exhibit A. <br />The new 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• <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 Seneca's <br />obligations under statute and Peabody's obligations under Section 14 of the Surface Lease <br />to reclaim the Lands: <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 a permanent <br />impoundment with a storage capacity of approximately 3.5 acre-feet. If approval is <br />obtained, Seneca agrees to construct the new pond, subject to the contingencies and <br />conditions set forth in paragraph 5 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 />16-1-25 <br />
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