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<br /> <br />May 15, 1992 <br />Philip J. Goldsmith, Esq. <br />Energy Fuels Coal, Inc. <br />One Tabor Center, Suite 2500 <br />Denver, Colorado 80202 <br />Re: EFCI Southfield Loadout, Right of Entry and Use for Adamic et. al. Lands <br />Dear Mr. Goldsmith: <br />This letter will serve as formal confirmation of our agreement to amend and restate the previous <br />agreement dated August 5, 1982 (between Adamic et.al. and Dorchester) addressing right of <br />entry and use for activities related to coal Loadout operations on Adamic et. al. lands located <br />near Florence, Colorado. By this agreement, EFCI, it's successors or assigns is gran[ed right of <br />entry and use for the following described areas subject, however, to the conditions noted: <br />1) An area designated as the "Tray D Extension" containing 0.65 acres more or less. <br />Said area consisting of a strip of land 50 feet wide paralleling the north lease line <br />• of Tract D, bounded on the west by the County Road easement and on the east <br />by the AT&SF Railroad ]ease boundary. This area will be used to establish a <br />2H:1V slope after gravel materials are excavated to the lease line and for location <br />and construction of required drainage and sediment control structures. <br />2) An area designated as the "Trac[ E Extension 1" containing 1.27 acres more or <br />less. Said area consisting of a strip of land 100 feet wide paralleling the north lease <br />line of Tract E, bounded on [he west by the AT&SF Railroad lease boundary and <br />on the east by a line extended on an azimuth of N 338°11'17"W from and <br />coincident with the east boundary of Tract E. This area will be used for <br />movement of material excavated from the CF&I ditch and related backsloping, <br />and for location and construction of required drainage and sediment control <br />structures. <br />3) An area designated as the "Tract E Extension 2" containing 0.10 acres more or <br />less. Said area consisting of a strip of land 30 feet wide and 150 feet long <br />paralleling the east boundaries of Tract E and Tract E Extension 1, bounded on <br />the south by the AT&SF Railroad lease and on the north by a line extended at <br />an azimuth of NG7°38'20"E from and coincident with the north boundary of <br />Tract E Extension 1. This area will be used for location and construction of <br />required drainage and sediment control structures. <br />4) An area designated as the "Loadout Vegetation Reference Area" containing 0.48 <br />acres more or less. Said area consisting of a strip of land 100 feet wide and 210 <br />feet long, the center of which is located approximately 180 feet northwest of the <br />northeast corner of the AT&SF Railroad lease, along with access across Adamic <br />et. al. lands to reach this area. This area will be used solely for vegetation <br />monitoring activities and any disturbance will be limited to that associated with <br />the monitoring activities and required access. <br />Revised May, 1992 <br />