PERMFILE51318

• Permit No: C1981047
• IBM Index Class Name: Permit File
• Doc Date: 7/27/2004
• Section_Exhibit Name: Appendix F Limited Access and Surface Use Agreement
• Media Type: D
• Archive: No

right to use the Surface Property, in a reasonable fashion, all for the sole
• purpose of performing Minrec's reclamation and monitoring obligations
under the Permit, the Act and the regulations implementing the Act, as
such obligations now exist and may later be modified. Without limitation,
the rights hereby granted include the right to perform all reclamation and
monitoring activities which are specified in the Permit or that may
otherwise be required by the DMG or other governmental agencies which
have or may subsequently obtain jurisdiction over such activities, including
the right to bring all equipment, supplies and personnel onto the Surface
Property which may be necessary or convenient to perform such
reclamation and monitoring activities.
2. In conducting operations on and in accessing the Surface Property,
Minrec shall use existing roads, gates, facilities and improvements
whenever practical, and shall, subject to prior written notice being given to
Oxbow, have the right to construct and use new facilities and
improvements as may be required by the Permit for its reclamation and
monitoring obligations. Upon expiration and/or termination of this
Agreement, Minrec promptly shall remove all of its equipment and
materials from the Surface Property and adjacent lands.
•
3. The parties recognize that Oxbow is currently conducting underground
coal mining operations at its Elk Creek Mine (the "Oxbow Mine") and that it
is anticipated the Oxbow Mine may in the near term be extended
underground below the Surface Property. In connection with the Oxbow
Mine operations it will be necessary for Oxbow to use the Surface
Property ("Oxbow's Operations"), prior to the release of the Permit.
During the term of this Agreement, Minrec agrees that:
(a) Oxbow shall have the right of ingress and egress to the Surface
Property for the purpose of conducting Oxbow's Operations;
(b) Minrec will work diligently to conclude its reclamation activities
under the Permit in order to obtain a release of the Permit so as to
minimize any conflict between Oxbow's Operations and Minrec's
reclamation activities under the Permit;
(c) Minrec will cooperate with Oxbow and help it in Oxbow's efforts to
obtain approval of Oxbow's Operations from the DMG; and
i•
(d) With respect to the foregoing item 3(c), Minrec consents to and will
not object to Oxbow filing requests for revisions or amendments to
Oxbow's permit for the Oxbow Mine from the DMG to allow
Oxbow's Operations. Further, Minrec agrees that it will promptly
file and pursue with the DMG revisions to the Permit in order to
accommodate Oxbow's Operations.
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