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(~ <br />~ referenced in 1.B above, will enter and cross Trapper's permit area as established <br />by Trapper's federal and state mining and reclamation permits. <br />• <br />4. Trapper Mine has existing sediment control ponds consisting of facilities known <br />as Buzzard ill, Coyote Dam, and the abandoned Empire Energy pit in the drainages <br />that drain the Permit Exchange Area. The locations of these ponds ("the Sediment <br />Control Ponds") are shown on Map M-51 of Trapper's mining and reclamation permit <br />application as approved by the Colorado Mined Land Reclamation Division and the <br />Federal Office of Surface Mining. These are approved sediment control structures as <br />witnessed by the permits listed hereafter: <br />a.) C-010-81, issued by the Colorado Mined Land Reclamation Division; <br />b.) CO-0013, issued by the U.S. Office of Surface Mining; and <br />c.) CO-0032115, issued by the Colorado Department of Health. <br /> <br />NOW, THEREFORE, it is agreed: <br />OBLIGATION OF TRAPPER: Trapper agrees to provide sediment control for surface run- <br />off from the Permit Exchange Area by way of the Sediment Control Ponds; provided, <br />however, that Trapper shall not be obligated to provide any kind of treatment or <br />containment for any water which may be pumped to the surface from Empire's under- <br />ground working areas. Trapper shall further be obligated to maintain in good stand- <br />ing the permits listed in Recital 4 above, and to maintain all components of the <br />Sediment Control Ponds in the condition which was approved for said Sediment Control <br />Ponds by said permits. <br />- 2 - <br />