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• LIMITED ACCESS AND SURFACE USE AGREEMENT <br />THIS LIMITED ACCESS ~D SURFACE USE AGREEMENT ("Agreement)" is <br />made and entered into this ~ day of February, 2005 by and between Oxbow <br />Carbon & Minerals LLC, a Delaware limited liability company, hereinafter referred to <br />as "Oxbow," whose address is 3737 Hwy. 133, P.O. Box 535, Somerset, Colorado <br />81434, and Bear Coal Company, hereinafter referred to as "Bear," whose address is <br />P.O. Box 1754, Paonia, Colorado 81428. <br />RECITALS <br />A. Oxbow has record title to the surface of certain real property located in <br />Gunnison County, Colorado, the description of which is set forth on Exhibit <br />1 attached hereto and incorporated herein by this reference. Such surface <br />property is hereinafter referred to as the "Surface Property". <br />B. Oxbow is the successor in interest to Oxbow Carbon & Minerals, Inc., a <br />Delaware corporation. <br />C. Bear is the Operator of the Bear No. 3 Mine ("Mine"). Mining at the Mine <br />• has been completed, and the only ongoing operation at the Mine being <br />conducted by Bear is surface reclamation and monitoring. Certain of the <br />surface activities relating to the Mine which are being reclaimed by Bear <br />are located on the Surface Property. <br />D. Bear is in the process of reclaiming the Surface Property in accordance <br />with its obligations under Permit No. C-1981-033 {"Permit"), issued by the <br />Colorado Division of Minerals and Geology ("DMG") pursuant to the <br />Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101, et seq. <br />("Act") and the associated regulations. Bear has given its bond to the <br />CMLRD to secure its reclamation and monitoring obligations and cannot <br />obtain release of that bond until those obligations have been satisfied. <br />The parties cannot anticipate how long completion of reclamation and <br />bond release will require, but expect it will be at least several years. <br />Nevertheless, the parties are very much interested in reclamation and <br />bond release proceeding in a diligent manner with the goal being that <br />completion of reclamation and bond release occur as promptly as. <br />possible. As a record owner of the Surface Property, Oxbow will benefit <br />from having it fully reclaimed in accordance with Bear's obligations. <br />E. Oxbow benefits from the use of a bridge which crosses the North Fork of <br />the Gunnison River from the Town of Somerset to the Subject Property <br />(the "Bridge"). <br />• F. The purpose of this Agreement is to clearly establish that Bear has non- <br />exclusive rights of access and use in the Surface Property and the Bridge <br />/A R-Z43 1 <br />q I0i9733 v5 AppRovED <br />s/g/o 7 <br />