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November 2, 2005 <br />Page 2 <br />2. OOSI will continue to have the responsibility for the Upper Mine Bench, Upper Mine <br />Dump, Upper Bench Road, Research Mine Bench, Lower Mine Dump, and mine drainage water; <br />and both parties will continue to communicate and work together so that RMAT can continue <br />natural resource development while honoring permit conditions. <br />Specific technical agreement items include: <br />A. RMAT will maintain existing storm water drainages as they exist in Mine Permit No. M-77- <br />424 Technical Revision No. 5. This applies to drainage features on the Lower Mine Bench, <br />Lower Bench Road, and other areas utilized by RMAT. <br />B. RMAT will implement COGCC required interim and final reclamation sfipulations as <br />specified in any and all drilling permits issued for wells located on the Lower Mine Bench <br />except those reclamation stipulations that may conflict with existing DMG requirements. No <br />excavations shall be conducted that may cause destabilization of the mine fill materials <br />including the Lower Mine Bench, Lower Bench Road, Upper Bench, Upper Bench Road, <br />Research Mine Bench, and Reseazch Bench Road or cause these structures to be more prone <br />to erosion or weakened in any way. RMAT will not uncover mine portal plugs. <br />C. RMAT will line the reserve pit(s) with a synthetic liner having a minimum thickness of 12 <br />mils. If the reserve pit excavation has materials with sharp or protruding edges, a suitable <br />cushion layer will be installed beneath the liner. <br />D. At the time of final well reclamation, RMAT will implement all final reclamation stipulations <br />as required under COGCC rules and requirements of the DMG permit for the Lower Mine <br />Bench and Lower Bench Road. This includes reclamation of the entire Lower Mine Bench <br />and Lower Bench Road in accordance with written reclamation plans including all pennit <br />Technical Revisions. It is recognized that potential future uses of the Lower Bench Road, <br />although currently unknown may occur such that reclamation would not be required or that <br />responsibility for road reclamation would be transferred to another organization. This would <br />require agreement between RMAT, OOSI, possible outside parties, and revision amendment <br />of the DMG permit and/or BLM right-of--way (ROW). <br />E. RMAT would restore the existing grade and contours of the Lower Bench including <br />constructing storm water diversions per Technical Revision No. 5. The bench would be <br />scarified, 6-inches of topsoil/growth media would be placed, and the surface would be <br />seeded, fertilized, and mulched per Technical Revision No. 7. <br />F. If, at the time of final well reclamation, no alternative future use (see D. above) for the Lower <br />Bench Road exists, RMAT would reclaim the road in accordance with the DMG mine permit <br />and BLM ROW agreement. The Lower Bench Road would be scarified, topsoiUgrowth <br />media placed and seeded, fertilized, and mulched. The outside berms and inside toe drain <br />would remain in place. <br />C:\Documents and Settings\woolleyk\Local Settings\Temporary Internet Files\OLKS\Mine bench lever of <br />assumption to OOSI.doc <br />