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<br />Authorization ID: PA00068 FS-2700.4(05/03) <br />Contact ID: OXBOW MINING OMB OS96-0082 <br />Expiration Date: 1 213 112 0 1 6 RECEIVED <br />Use Code: 421 <br />U.S. DEPARTMENT OF AGRICULTURE <br />Forest Service JUL 2 4 2006 <br />SPECIAL USE PERMIT <br />AUTHORITY: Division of~fineralsdGeology <br />ORGANIC ADMINISTRATION ACT June 4,1897 <br />OXBOW MINING, LLC, P. 0. BOX 535, SOMERSET, CO 81434 (hereinafter tailed the Holder) is <br />hereby authorized to use or occupy National Forest System lands, to use subject to the conditions set out <br />below, on the Gunnison National Forest or Paonia Ranger District unit of the National Forest System. <br />This permit covers 4.9 acres and is described as: Sec. 35, T. 12 S., R. 91 W., 6TH PRINCIPAL <br />MERIDIAN, as shown on the location map attached to and made a part of this permit, and is issued for <br />the purpose of: <br />METHANE DRAINAGE WELLS AND DRILL PADS (80 FEET BY 130 FEET EACH), 6190 FEET <br />OF ROADS AND APPURTENANCES (SEE EXHIBIT A), TO BE CONSTRUCTED AND <br />TENURED AS IDENTIFIED IN THE ANNUAL OPERATION AND MAINTENANCE PLAN (SEE <br />EXHIBIT B). <br />The above described or defined area shall be referred to herein as the "permit area". <br />TERMS AND CONDITIONS <br />I. AUTHORITY AND GENERAL TERMS OF THE PERMIT <br />A. Authority. This permit is issued pursuant to the authorities enumerated at Title 36, Code of Federal <br />Regulations, Section 251 Subpart B, as amended. This permit, and the activities or use authorized, shall <br />be subject to the terms and conditions of the Secretary's regulations and any subsequent amendment to <br />them. <br />B. Authorized Officer. The authorized officer is the Forest Supervisor or a delegated subordinate <br />officer. <br />C. License. This permit is a license for the use of federally owned land and does not grant any <br />permanent, possessory interest in real property, nor shall this permit constitute a contract for purposes of <br />the Contract Disputes Act of 1978 (41 U.S.C. 611). Loss of the privileges granted by this permit by <br />revocation, termination, or suspension is not compensable to the holder. <br />D. Amendment. This permit may be amended in whole or in part by the Forest Service when, at the <br />discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new <br />terms, conditions, and stipulations as may be required by law, regulation, ladd management plans, or <br />other management decisions. <br />E. F.xic(jng Riehts. This permit is subject to all valid rights and claims of third parties. The United <br />