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` UNITED STATES
<br />DEPARTMENT OF THE INTERIOR
<br />BUREAU OF LAND MANAGEMENT
<br />COLORADO STATE OFFICE
<br />Right-of-Way Grant
<br />^iii iiiiiiiiiiiii iii
<br />J CO-946(DL)
<br />Serial Number C-30119
<br />Expiration Date July 22, 2
<br />This right-of-way grant, which is a license for a term of 35 years entered
<br />into on JUL 2 3 1981 by the United Slates of America, the licensor,
<br />through the Bureau of Land Management, and Western Fuels, Utah Inc., 700 Jefferson
<br />Building, 1225 19th Street, N.W., Washington, D.C. 20036, the licensee, is hereby issued
<br />under Title V of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743,
<br />2776-2782; 43 U.S.C. 1701, 1761-1771), and is subject to all applicable Federal, State
<br />and local laws and regulations, now or hereafter in force, including Title 43, Code of
<br />Federal Regulations, Part 2800. The terms used in this right-of-way grant are defined
<br />at 43 CFR 2800.0-5 (45 Federal Register 44527, July 1, 1980).
<br />Sec. 1. RIGHTS UNDER THIS RIGHT-OF-WAY GRANT -- This right-of-way grant confers
<br />upon the holder a non-exclusive right to construct, operate and maintain, in
<br />accordance with the terms, conditions and stipulations of this document and
<br />applicable regulations, a haul road to a waste disposal area and an overland conveyor
<br />to a railroad loadout area on the following described lands situated in the State of
<br />Colorado (this description is limited to 40-acre aliquot parts, or surveyed lots,
<br />within which the right-of-way is to be located):
<br />T. 3 N., R. 101 W., 6th P. M.
<br />Sec. 21: E~S&'t Sec. 28: E'~E~
<br />Sec. 22: W'SSW'Z Sec. 33: E'~NE'~, N~SEk•
<br />Sec. 27: W~4R5 Sec. 34: W'-SNW'~, NW1tSWl-y
<br />a. This right-of-way grant is subject to all valid rights existing on the
<br />date issued.
<br />b. The United States retains all rights in the public lands subject to this
<br />right-of-way not expressly granted in this document, including, but not limited to,
<br />the right to require coa~on use of the right-of-way and to authorize compatible
<br />uses of the right-of-way, including the subsurface and air space; and a continuing
<br />right of access onto the public lands covered by the right-of-way grant and, upon
<br />reasonable notice to the holder, access and entry to any facility constructed on
<br />the right-of-way.
<br />c. The United States retains the right to review this right-of-way grant at the
<br />end of the twentieth year, and every tenth year thereafter, of its term and revise
<br />or modify its terms at that time.
<br />d. This right-of-way grant shall terminate on July 22, 2016, unless
<br />prior to that time it is relinquished, abandoned or otherwise terminated pursuant
<br />to the provisions of this grant or of any applicable Federal law or regulation.
<br />This right-of-way grant is renewable at the end of its term if an application for
<br />renewal is properly and timely filed by the holder and the facility is being operated
<br />and maintained in accordance with all provisions of this grant, and applicable laws
<br />and regulations. At the time of renewal, the authorized officer may modify the terms,
<br />conditions and stipulations of this grant.
<br />Sec. 2. TERMS AND CONDITIONS -- In consideration of the foregoing, the holder
<br />hereby agrees:
<br />a. To construct, operate and maintain on public lands only those facilities
<br />represented at the location(s) shown on the official approved right-of-way map,
<br />consisting of 27 sheets, filed with the Bureau of Land Management on April 3, 1981 and
<br />designated by .the holder as Map 11 titled Deserado Mine Rio Blanco Co., Colorado, Surface
<br />Facilities, Index Map; Maps 56 and 57 titled Deserado Mine, Surface Facilities, Refuse
<br />Haul Road/Plant Access Road, Plan b Profile; Maps 58 thru 66 titled Deserado Mine, Surface
<br />Facilities, Refuse Haul Road, Plan b Profile; Map 76 titled Deserado Mine Rio Blanco Co.,
<br />Colorado, Surface Facilities, Refuse Disposal Area, Site Map;_Map 105 titled Site Plan 6
<br />Reclamation Plan, Coal Storage Area; Maps 106 thru 113 titled Overland Conveyor and
<br />Maintenance Road, Plan 6 Profile, Stieeta 1 thru 8; Map 114 titled Railroad Underpass and
<br />Sections and Details; Map 115 titled Coal Transportation System, Flow Diagram, Map 116
<br />titled Overland Conveyor Conceptual Arrangement, Conveyor System Profile, Hap 117 titled
<br />MPTland /:n n./~..n~ C...-ru r..nr ___i A_~_ - _ -. _ _ .'. _ •.~ .
<br />Electrical Cumposite, One Line^Diagram and~8-sheetsyfiled with_the Bureaurof Land
<br />Management on May 29, 1981, and titled Overland Conveyor and Maintenance Road Plan and
<br />Profile, Sheets 1 thru 8.
<br />The holder further agrees to submit, within 60 days after completion of construction
<br />of the facilities authorized by [hie grant, a survey may •~hich shall conform to the
<br />etandardti set out in 43 CFR 2802.3-6(b).
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