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1998-12-11_REVISION - M1977326
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1998-12-11_REVISION - M1977326
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Last modified
6/16/2021 2:18:55 PM
Creation date
11/21/2007 2:03:11 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977326
IBM Index Class Name
Revision
Doc Date
12/11/1998
Doc Name
AMENDED AND RESTATED GENERAL MINING LEASE CY 2274 CLAY
Type & Sequence
SO2
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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13. STEWARDSHIP TRUST STIPULATION-- Lessor shall specify certain stipulations with respect to use of the <br /> surface if said surface is included in the Stewardship Trust prior to the issuance of this Lease. These stipulations <br /> are attached as Exhibit t and by this reference incorporated herein. <br /> 14. MINING METHODS -- Only mining methods that will insure the extraction of the greatest possible amount of <br /> minerals consistent within the laws and with prevailing good mining practice shall be used. <br /> 15. OPERATION PLAN -- All plans for exploration and mining shall be submitted to Lessor for review by Lessor <br /> before such operations begin. These plans will include, but not be limited to, location of additional roads, location <br /> of access points to the Leased Premises, and location of any cattle guards or gates. These plans shall include <br /> provisions for control of weeds. <br /> 16. ENVIRONMENTAL ANALYSIS - This paragraph is deleted. <br /> 17. RECLAMATION -- Lessee shall submit all plans for restorationand reclamationof leased premises to Lessor for <br /> Lessor's review before submitting the appropriate permit or permits pursuant to the Colorado Mined Land <br /> Reclamation Act 34-32-101 ET SEQ., C.R.S. 1973 as amended. Rules and regulations as set forth by the <br /> Division of Minerals and Geology for recovery and restoration of mined land will apply where applicable to the <br /> Leased Premises. Variations from the reclamation plan as originally submitted to the Board for approval may be <br /> granted only with the written approval of Lessor. <br /> 18. LESSOR'S APPROVAL -- Whenever approval by Lessor is required or contemplated by Lessee, approval must <br /> be in writing and shall be optional and shall be within the sole and absolute discretion of Lessor. <br /> 19. OTHER STATE AGENCIES -- Lessor may determine that instruments and documents required by other State <br /> agencies satisfy certain requirements of this lease. In the event that Lessee is required to file instruments and <br /> documents with other State agencies, including the Division of Minerals and Geology, Lessee shall notify Lessor <br /> of said filing and Lessor reserves the right to request and obtain copies of such instruments and documents from <br /> the agency or from Lessee. <br /> 20. INSPECTION -- it is agreed that during all proper hours and at all times during the continuance of this lease, <br /> Lessor or Lessor's duly authorized agent, is authorized to check assays and scales as to their accuracy, to go <br /> through or on any part or all of the leased premises to examine, inspect, survey and take measurements of the <br /> same and to take samples of any kind and to examine and make extracts from or copies of all books and weight <br /> sheets and records which show in any way the ore output, ore values, payments and royalties from and of the <br /> leased premises. All conveniences necessary for such inspection, survey, or examination shall be furnished to <br /> Lessor. Lessor may require Lessee to provide all instruments and documents of any kind and nature whatever <br /> which affect Lessor's interests. <br /> 21. NOTICES -- .Any notice required to be given to Lessee under the provisions of this lease shall be sent by certified <br /> mail to the address set forth at the beginning of this lease or to such other address as Lessee may indicate in <br /> writing to Lessor, and such service by mail shall be deemed sufficient and in full compliance with the terms of <br /> this lease as of the date it is postmarked. Notice to Lessor shall be given in like manner, addressed to the State <br /> Board of Land Commissioners' Denver,Colorado address. <br /> 22. NOTIFICATION OF MINING OPERATIONS--It is understood that Lessor may not own or control the surface <br /> estate of leased premises,or Lessor may have issued a surface use lease to another lessee. Mineral Lessee shall be <br /> responsible for identifying such ownership or determining the surface lessee or lessees, and shall notify all such <br /> parties in advance of any on-site activity. Notification will be given thirty(30)days for untitled or grazing acreage <br /> and sixty (60)days for tilled farm ground prior to any on site activity. Mineral Lessee shall closely coordinate any <br /> on-site activity with the surface owner or lessee, and make a reasonable effort to protect the integrity of surface <br /> owner's or surface lessee's fences, gates, cattleguards,and other property. <br /> 23. PROTECTION AGAINST SURFACE DAMAGE -- Lessee has the right to utilize as much of the surface of the <br /> lands as is reasonably necessary for mining operations; however, Lessee shall be liable and agrees to pay for all <br /> damages to the surface, livestock, growing crops, water wells, reservoirs, or other improvements caused by <br /> Lessee's operations on said lands. There shall be no removal of timber without prior notice to Lessor. Any <br /> merchantable timber cut in conjunction with the approved mining plan is to remain the property of the State. All <br /> other timber, slash. stumps, and boughs are to be disposed of by Lessee. <br /> Page 4 of 7 <br />
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