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CONFIDENTIAL <br />C. Surface <br />As shown on Map lA, Surface ownership/LMU Boundary and on the <br />following table, Surface Ownership, most of the LMU surface is <br />owned by Colowyo. The remainder is owned by Axial Basin Ranch <br />Company, (which is also owned by Grace Energy Corporation), Marion <br />S. Dudek', the State of Colorado, and the Bureau of Land Management <br />(BLM). The Surface ownership table shows the date of conveyance <br />and the book and page location of recorded documentation of the <br />private ownership. <br />~r£ The right to use the BLM and State surface is granted by the <br />~~ coal leases. <br />Marion J, Dudek owns the surface over a portion. of Lease <br />C-O123475.and C-0123476, however, Colowyo has effective control of <br />these lands. <br />In an Agreement dated August 18, 1988 to Assign Federal Coal <br />Lease C-0123475 and a portion of State Lease 257/135, Colowyo and <br />BHP-Utah International, Inc., (BHP-Utah) agreed to form a joint <br />venture in the event Colowyo should decide to develop these leases. <br />Marion ~]'. Dudek purchased the surface of these lands from Sohn and <br />Steve Raftopoulos. John and Steve Raftopoulos purchased these <br />lands from BHP-Utah. The conveyance documents for these lands from <br />BHP-Utah to John and Steve Raftopoulos include a provision that <br />gives BHP-Utah the guaranteed right to re-purchase the property if <br />it is needed to mining purposes. Therefore, prior to initiation of <br />_ any activities on the Marion Dudek property, it would be re- <br />purchased through BHP-Utah. <br />~aP7 ~o~ou Yv ~~^1iT ~ U ~ ~ Q ~ / / <br />Section 1-4 <br />