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SURFACE USE AGREEMENT <br />EXHIBIT B <br />Surface Use Rules <br />Within a reasonable time after the completion of mining operations, but in any <br />event, not to exceed two years thereafter, Lessee shall remove all hazardous <br />materials and chemicals, level all dumps and mounds, fill all holes, pits, ditches <br />and excavations, remediate subsidence, remove and bum all brush and debris, and <br />remove all concrete blocks or other objects placed by it upon the Leased Lands, or <br />upon the terminated portion of such Lease, as the case maybe, and put the surface <br />of the Leased Lands, including grass, in substantially the same condition as it was <br />before the commencement of such operation. <br />2. Lessee shall promptly fence all pits and installations to prevent entry into such <br />pits and installations by cattle or other livestock. Lessee shall at all times use <br />reasonable care in all of the Lessee's operations on the Leased Lands to prevent <br />injury or damage to cattle, livestock, buildings, and other property of Lessor, and <br />Lessor's tenants situated on the surface of the Leased Lands, and Lessor's water <br />well and tanks located thereon. Lessee shall, subject to paragraph 15 of the <br />Surface Use Agreement, repair or pay Lessor and Lessor's tenants for all actual <br />• damages to cattle, crops, including alfalfa, buildings, livestock, fences, tanks, <br />water wells, and without limitation all other similar property of Lessor situated on <br />the surface of the Leased Lands, within sixty (60) days of such damage. <br />All pennanent roads used by Lessee in conducting operations shall be constructed <br />of pit run gravel no less than 4" compacted to a width of 14' or greater, exclusive <br />of ditches and berms. If Surface Owner can provide pit nm gravel in close <br />proximity to the point of use at a competitive price and deliverability, Lessee shall <br />purchase all such gravel used in the construction of roads and locations upon the <br />the Leased Lands from the Surface Owner for the price of $3.00 per ton. Surface <br />Owner will endeavor to provide gravel as close as possible to the point of use. <br />All rights for the construction and use of roads granted herein to Lessee shall be <br />for the use solely on the lands of Lessor and shall in no event extend to the lands <br />of others. <br />4. Reasonable caze shall be taken by Lessee to prevent erosion of the Leased Lands <br />resulting from any of its operations hereunder. Before constructing any new <br />roads on the Leased Lands, Lessee agrees to consult with Lessor as to any such <br />road locations, and Lessee agrees to locate any such road or roads in such a <br />manner as to cause minimum damages to the Leased Lands or minimum <br />interference with Lessor's surface operations thereon provided that the road <br />location does not unreasonably increase the cost of the road. Any roadways <br />deemed necessary by Lessee hereunder shall be constructed and maintained in <br />. such a way as not to prevent the surface drainage of the Leased Lands. Lessee <br />SURFACE AGRT FMAL 6-25-0I.da Exhibit B-I <br />