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<br />MAR 2 2 1994 <br />Made This ~'3~ day of ~~civ~--. 1994 <br />RECITALS <br />WHEREAS, TERROR CREEK COAL CO. will enter into an agreement under <br />which it will conduct removal of the coal material at the HAWK'S <br />NEST SITE; <br />WHEREAS, THE STATE OF COLORADO DIVSION OF MINERALS AND GEOLOGY is <br />required to reclaim the Hawk's Nest Mine in accordance with the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining and the approved mine permit. <br />WHEREAS, The Division of Minerals and Geology and Terror Creek Coal <br />Company acknowledge that the .removal of coal material will enhance <br />reclamation of the Hawk's Nest Mine. <br />NOW, THEREFORE, in consideration of the mutual promises in this <br />Agreement, the parties agree as follows: <br />1. The Division of Minerals and Geology grants permission <br />for Terror Creek Coal Co. to enter on the Hawk's Nest <br />Mine site for reclamation purposes. Terror Creek is <br />allowed to remove the coal material located at the Hawk's <br />Nest Coal Facility in the S1/2 of Section 10, T135, R90W. <br />The limits of the coal material to be removed extend from <br />the railroad tracks north to old state highway 133, and <br />from the truck dump scale to the east. See attached map <br />for further clarification. <br />_ 2. There will be no exchange of money to stockpile and <br />remove the coal material from the Hawk's Nest Mine. The <br />cost incurred by the removal of coal and any liability <br />associated with removal and/or transportation of coal to <br />the Terror Creek Loadout will be the sole responsibility <br />of Terror Creek Coal Co. <br />3. Coal removed from the Hawk's Nest mine must be hauled to <br />and stockpiled at the Terror Creek Loadout permit area <br />where it will be hauled in compliance with the Terror <br />Creek permit (C-83-059) and applicable regulations of the <br />CMLRB for Coal Mining. Any change in the destination of <br />the coal material must be approved by the Division. <br />4. Terror Creek Coal Company shall not disrupt, damage or <br />interfere with the existing railroad tracks or other <br />utilities existing at the Hawk's Nest Mine. Any damage <br />to the railroad tracks or other utilities due to removal <br />of the coal material will be the responsibility of Terror <br />Creek Coal Co. <br />