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_ ~. i ~ ^ niNTYM~~6i ~ Twentymile Coal Company 29515 Routt County Road R27 COAL COMPANY Oak Creek, Colorado 80467 n ~^" A11°" eanto°"~' 970-879-3800 June 3, 1999 Paul A. Swisher Trustee of the Ruih V. Swisher Revocable Trust 2704 West Avenue Burlington, IA 52601 YAM-002-0527-0000 Coal Exploration Letter Agreement Twentymlle Coal Mlne Routt Coun[v. Colorado Dear Mr. Swisher: Reference is made to paragraph 11.4 entitled "Furthar Acts" of that certain Coal Mining Lease dated effective April 13, 1999 (the "Lease") between Paul A. Swisher, Trustee of the Rulh V. Swisher Revocable Trust ("Lessor"), acid Twentymile Cloal Company ("Lessee"). In accordance with paragraph 11.4 of the Lease, Lessee hereby requests your permission to enter into and upon the surface of a portion of the land subject of the Lease, specifically the NW/4 NW/4 of Section 25, Township 5 North, Range lt6 West, 6th P.M. (the "Land"), to do and/or perform the following described acts upon or within the vicinity of said Land, to-wit: I 1. Lessee, its employees, agents, licensees, invitees, contractors, subcontractors, successors and assigns have the righfand privilege to enter upon, through, under, over and across the Land, which, in Lessee's sole discretion, may be necessary to support Lessee's activities on the Land for thepurpose of: a. surveying; b. construction of two (2) 100' k 100' drill pad(s) and associated mud pit(s) for two (2) exploration boreholes; i c. drill two (2) 7 5/6" exploration boreholes to an approximate depth of 750', core all intercepted coal seam(s) and log'same; i d. utilize and upgrade, if necessary, an existing road into the drill site(s) and construction of an additional road(s) irorh the existing road into the drill site(s), including the salvage of up to 36" of topsoil in the event weather conditions require such; and ` e. perform general reclamation of drill hole sites and other disturbed areas and invite and accompany appropriate Staf,e of Colqrado Department of Natural Resources, Division of Minerals and Gedlogy (~'DMG") personnel onto the surface of the Land in order to inspect the drill site(s) for bond release purposes. 2. Lessee is hereby given the right~of ingress and egress for itself, its employees, agents, licensees, contractors, subcontractors, invitees,successors and assigns to and from the Land on or across the existing ranch or farm roads of Lessor connecting said Land to the nearest public road or roads including, but not limited to, the right to transport on, over, across, under and through the Land al~d such roads supplies, materials and equipment necessary to support Lessee's activities on the Land.