GENERAL44430

• Permit No: C1981016
• IBM Index Class Name: General Documents
• Doc Date: 1/28/1994
• Doc Name: AGREEMENT FOR RECLAMATION ACTIVITIES
• Permit Index Doc Type: RECLAMATION PROJECTS
• Media Type: D
• Archive: No

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HAWK'S NEST RECLAMATION PROJECT
AGREEMENT FOR RECLAMATION ACTIVITIES
This Agreement is made this ~~' da of
Y
1994, between (owner) Mountain Coal Company the State o Colora ,
acting through its Department of Natural Resources, Div Sion of
Minerals and Geology ("Colorado"), and Miners Inc. ("Contractor").
Mountain Coal Company represents to Colorado and Contractor that it
owns or leases the described real property located in the County of
Gunnison and the State of Colorado:
Legal Description: South 1/2 Section 10, Township 13 South, Range 90
West.
Pursuant to the requirements for the State to reclaim permit revocation
sites, Colorado has offered to conduct, at no cost to Mountain Coal
Company, reclamation activities. Colorado proposes to hire a
Contractor to perform the reclamation activities.
Mountain Coal Company is willing to give its consent to such
reclamation activities on the conditions described in this Agreement.
Therefore, in consideration of the consent and permission granted to
Colorado and Contractor by Mountain Coal Company, Colorado and
Contractor agree with Mountain Coal Company as follows:
1. Mountain Coal Company grants permission to Colorado, its agents,
employees, and contractors, including Contractor, to enter upon the
project site for the length of time necessary (but not exceeding 24
months) to complete the work described in the "Project Narrative"
(Exhibit A to this Agreement) which is attached to and made a part of
this Agreement (the "Work"). Colorado shall give reasonable notice to
Mountain Coal Company before its entry and its commencement of the
Work. In giving consent to this entry, Mountain Coal Company waives no
rights which are conferred by virtue of the language contained in the
Surface Mining Control and Reclamation Act of 1977 or the Colorado
Surface Coal Mining Act of 1979, 14 Colorado Revised Statutes 1973 §
34-33-101 (1981 Supp.), or both.
2. Contractor shall effect, at no cost to Mountain Coal Company,
the Work described in Exhibit A in a good and workmanlike manner. The
Work shall, once commenced, be diligently pursued to completion and
without unreasonable delay. Contractor guarantees that the Work shall
be free from defects in materials and workmanship and that all
materials incorporated into the Work shall be fit for the use and
purpose intended and shall not be subject to any chattel mortgage,
security agreement, or other interest in a third party.