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5. Any coal material deemed to be unsuitable by Terror <br />Creek, shall be stockpiled so as to not interfere with <br />the railroad tracks, old Highway 133, vegetation and <br />drainage patterns. Remaining coal material shall be <br />stockpiled in the location depicted on the attached map. <br />6. Due to the current reclamation work at the Coal Silo <br />Facility area, the Division requires that Terror Creek <br />remove the coal material no earlier than March 10 1994 <br />and no later than May 15, 1994. Removal of this coal <br />material shall not interfere with the current reclamation <br />activity at the Hawk's Nest Mine being conducted by <br />Miners Inc. If coal is removed prior to completion of <br />work by Miners Inc, Terror Creek Coal Company shall <br />obtain prior approval from Miners Inc to ensure that <br />Miners Ines work is not impeded in any way. This date <br />may be subject to change due to on site and weather <br />conditions. The Division requires 48 hours advance <br />notice before Terror Creek Coal Company begins work in <br />the area. <br />7. The Division does not hold Terror Creek Coal Co. <br />responsible for any other reclamation work required on <br />site, such as final grading and topsoil replacement. The <br />sole intent of this agreement is to remove the coal <br />material from the site. <br />TERROR CREEK COAL COMPANY <br />By: _ ~~ <br />Its: <br />DIVISION OF MINERALS <br />AND GEOLOGY <br />By: <br />Its: <br />