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<br />CROSS MOUNTflIN RflNCI~ <br />'~ COLORt9D0 <br />October 26, 2004 <br />Mr. Jerry Nettleton, Environmental Supervisor <br />Twentymile Coal Company <br />29S 15 Routt County Road 27 <br />Oak Creek, Colorado 80467 <br />RE: Approval for Amendment of July 2002 Surface Access and Use Agreement to Address Planned <br />2004-2005 Exploration Activities <br />Dear Mr. Nettleton: <br />Following-up on our recent phone conversations, -this letter verifies approval of an Amendment <br />("Amendment") to the existing Surface Access and Use Agreement ("Agreement", signed by Bill Ivey on <br />7/22/02, copy attached for reference) to address planned Twentymile Coal Company (TCC) exploration <br />activities during 2004 and 2005 on Cross Mountain Ranch properties. The following summarize the <br />relevant revisions to the Agreement under this Amendment: <br />The following replace the corresponding sections of the Agreement (note that revised sections reflect <br />incorporation of both the azeas and activities addressed by the original Agreement and the planned 2004- <br />2005 activities): <br />Property Subject to Agreement <br />Townshia 5 North, Range H7 West, 6th P.M. <br />Section 23, All <br />Section 24, NE/4, S/2NW/4, S/2 <br />Section 25, NE/4, N/2NW/4, NE/4SE/4 <br />Section 26, NE/4, NW/4NW/4, NW/4SE/4, SW/4 <br />Section 27, NE/4, E/2NW/4 <br />Section 34, E/2NE/4 <br />Section 35, NW/4NW/4 <br />Located in Routt County, Colorado (the azea is shown on attached Exhibit A) <br />Allowed Uses/Restrictions <br />a. Twentymile, its employees, agents, licensees, invitees, contractors, subcontractors, <br />successors and assigns have the right and privilege to enter upon, through, under, over and <br />across the Lands, which may be necessary to support Twentymile's activities on the Lands for <br />the purpose of drilling three exploration holes and completing seismic surveys along four lines <br />Post Office Box 897 Craig, Colorado 81626 (970) 824-2803 <br />