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LIMITED ACCESS AND SURFACE USE AGREEMENT THIS LIMITED ACCESS ~D SURFACE USE AGREEMENT ("Agreement)" is made and entered into this ~' day of February, 2005 by and between Oxbow Carbon 8. Minerals LLC, a Delaware limited liability company, hereinafter referred to as "Oxbow," whose address is 3737 Hwy. 133, P.O. Box 535, Somerset, Colorado 81434, and Bear Coal Company, hereinafter referred to as "Bear," whose address is P.O. Box 1754, Paonia, Colorado 81428. RECITALS A. Oxbow has record title to the surface of certain real property located in Gunnison County, Colorado, the description of which is set forth on Exhibit 1 attached hereto and incorporated herein by this reference. Such surface property is hereinafter referred to as the "Surface Property". B. Oxbow is the successor in interest to Oxbow Carbon & Minerals, Inc., a Delaware corporation. C. Bear is the Operator of the Bear No. 3 Mine ("Mine"). Mining at the Mine has been completed, and the only ongoing operation at the Mine being conducted by Bear is surface reclamation and monitoring. Certain of the surface activities relating to the Mine which are being reclaimed by Bear are located on the Surface Property. D. Bear is in the process of reclaiming the Surface Property in accordance with its obligations under Permit No. C-1981-033 ("Permit"), issued by the Colorado Division of Minerals and Geology ("DMG") pursuant to the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101, et seq. ("Act") and the associated regulations. Bear has given its bond to the CMLRD to secure its reclamation and monitoring obligations and cannot obtain release of that bond until those obligations have been satisfied. The parties cannot anticipate how long completion of reclamation and bond release will require, but expect it will be at least several years. Nevertheless, the parties are very much interested in reclamation and bond release proceeding in a diligent manner with the goal being that completion of reclamation and bond release occur as promptly as possible. As a record owner of the Surface Property, Oxbow will benefit from having it fully reclaimed in accordance with Bear's obligations. E. Oxbow benefits from the use of a bridge which crosses the North Fork of the Gunnison River from the Town of Somerset to the Subject Property (the "Bridge"). F. The purpose of this Agreement is to cleady establish that Bear has non- exclusive rights of access and use in the Surface Property and the Bridge 1 N1019733 v5