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<br /> <br />Mr. Richard A. Mills - 2 - February 11, 1985 <br />The approved performance bond for this area under Trapper Mining, Inc.'s <br />permit is for X1,322.11 per acre, which is the cost associated with <br />revegetation. For the 201 acres that could potentially be affected by <br />longwall mining, this cost has been rounded to 5266,000.00. Added to this is <br />;11,000.00, which is the estimated cost of regrading the area in the event of <br />subsidence-induced damage that would necessitate regrading. Therefore, the <br />total bond which is required and has been accepted by Empire Energy <br />Corporation for the Utah Tract is X277,000.00. This additional bond amount <br />will be added to Empire's existing performance bond. <br />Surface runoff from the reclaimed area within the Utah Tract is controlled by <br />the Trapper Mine sediment control system. Through a Service Agreement between <br />Trapper Mining, Inc. and Empire Energy Corporation, the Trapper Mine will <br />provide sediment control for surface runoff from this area. Under the terms <br />of this Service Agreement, either party may terminate the agreement on <br />December 1 of any year upon 180 days prior written notice to the other of such <br />termination. In order to ensure that an acceptable sediment control system <br />for this area be maintained in full force and in compliance with Rule 4.05 <br />until the performance bond is released, the Division hereby deems the <br />following stipulation necessary. This stipulation is numbered in consecutive <br />order to the previous 29 stipulations to the permit for the Eagle No. 5 and 9 <br />Mines. <br />STIPULATION No. 30 <br />THE DIVISION SHALL BE GIVEN WRITTEN NOTICE AS SOON AS POSSIBLE BY EMPIRE <br />ENERGY CORPORATION OF THE DECISION TO TERMINATE TRAPPER MINING, INC.'S <br />OBLIGATION TO PROVIDE SEDIMENT CONTROL FOR THE RECLAIMED AREAS OF THE UTAH <br />TRACT. EMPIRE ENERGY CORPORATION WILL THEN BE RESPONSIBLE FOR SUBMITTING TO <br />THE DIVISION AN ALTERNATE SEDIMENT CONTROL PLAN IN A TIMELY FASHION SO THAT IT <br />CAN BE APPROVED AND IMPLEMENTED PRIOR TO THE TERMINATION OF TRAPPER MINING, <br />INC'S OBLIGATION. <br />Under Rule 2.08.6(4), the Division is required to make specific written <br />findings concerning the transfer, sale, or assignment of rights under a <br />permit. The findings below are conditioned upon the acceptance of the above <br />stipulation: <br />(a) Empire Energy Corporation will conduct the operations covered by <br />the permit in accordance with the Colorado Surface Coal Mining <br />Reclamation Act and Regulations promulgated thereunder; <br />(b) Empire Energy Corporation has submitted a performance bond at least <br />equivalent to the bond of the original permittee; and <br />(c) Empire Energy Corporation will continue to conduct the operations <br />involved in full compliance with the terms and conditions of the <br />original permit. <br />