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Kcc.tN_v~ <br />f ~' `~:, <br />FEB251983 i7 „ ;I <br />IANED LAND RECLAMATION AGREFIdFNf :..,, .. ~'.'.. , ,, ~ <br />COLO. DE7T. OF NATURAL RESOURCES " <br />INiEREAS, there are situated on properties owned or controlled by GEC <br />Minerals, Inc ("GEC"), located in Fremont County, Colorado, two old abandoned <br />surface mining pits, which are sometimes commonly referred to as the "Orphan" <br />and "North Orphan" pits respectively, and which are to he reclaimed by GEC; <br />and <br />WHEREAS, Harrison-Peltron ("H-P") which designation shall include <br />both H-P and its successors in interest and assigns, if any, is currently <br />producing an excess amount of development waste material (gob) at its Newlin <br />Creek Mine which is situated on lands in Fremont County near the aforesaid <br />properties of GEC; and <br />WHEREAS, GEC desires that H-P deposit "gob" produced at its Newlin <br />Creek Mine in the "Orphan" and "North Orphan" pits, and H-P desires to <br />deposit, at its sole discretion, such "gob" if any, produced at its Newlin <br />Creek Mine in the aforesaid pits, and the Mined Land Reclamation Board of the <br />State of Colorado has determined that the environmental integrity of the <br />aforementioned lands and properties would be enhanced by such activities; <br />NOW, THEREAFTER, in consideration of the premises and the mutual <br />promises, covenents and agreements herein set forth the parties hereto agree <br />as follows: <br />H--P (which shall include its successors in interest, if any) is <br />authorized to enter lands described on Exhibit "A" attached, outlined in red, <br />which GEC states are owned or controlled by G.E.C., to dispose of excess waste <br />materials, if any, which is produced as a by-product of the coal mining <br />operations at the Newlin Creek Mine, in old abandoned surface mining pits <br />referred to as the "Orphan" and "North Orphan" pits, which are situated on the <br />above described G.E.C. lands. The aforesaid pits are specifically marked on <br />Exhibit "A:" G.E.C. has represented that it has all right, title, interest <br />and authority to permit H-P to so dispose of that waste material, and warrants <br />and will defend H-P's right to do so. <br />H-P, in the exercise of its rights under this agreement, will <br />utilize currently existing roads, including, but not limited to, GEC's main <br />haul road which connects County Highway 15 with County Highway 92 to transport <br />the "gob" across GBC lands. H-P, at its sole discretion, and without any <br />obligation, may maintain access roads in the area of the surface mining pits <br />