2007-11-27_GENERAL DOCUMENTS - C1982056

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EXHIBIT "C" Attached to and made a part of that certain Subsidence Agreement dated effective the 1St day of February, 2002, between Camilletti and Sons, Inc. and Twentymile Coal Company. MEMORANDUM OF SUBSIDENCE AGREEMENT THIS MEMORANDUM OF SUBSIDENCE AGREEMENT (the "Memorandum"), dated effective the 1 St day of February, 2002, is by and between CAMILLEYTI AND SONS, INC., a Colorado corporation, with an address of P. O. Box 69, Milner, Colorado 80487 (hereinafter referred to as "Surface Owner"), and TWENTYMILE COAL COMPANY, a Delaware corporation, with an address at 29515 Routt County Road #27, Oak Creek, Colorado 80467 (hereinafter referred to as "Twentymile"). Surface Owner, in consideration of the covenants and agreements contained in that certain unrecorded Subsidence Agreement (the "Agreement") dated concurrently herewith, granted unto Twentymile certain rights to enter upon and use certain lands (the "Lands") belonging to Surface Owner as further described in Exhibit "A" attached hereto and made a part hereof, for the purpose of (i) subsiding the surface of the mine area lands containing 695.48 acres, more or less, as further shown on Exhibit "B" attached hereto and made a part hereof, including a two hundred foot (200') buffer around said mine area lands (the "Mine Lands"), and any and all structures located in, on or under the surface of the Mine Lands; (ii) the making of repairs to the surface of said Lands and any and all structures located in, on or under the surface of the Mine Lands, as maybe needed or required and which is/are a direct result ofsubsidence due to the underground mining operations of Twentymile; (iii) prohibiting the construction or placement of dwellings and occupancy thereof, wells and septic system within the boundary of the Lands from the effective date of this Agreement and for a period of one (7) year after the cessation of longwall equipment operation underneath the Lands; (iv) surveying; (v) conducting environmental studies as Twentymile may desire, including, but not limited to, vegetation and soil sampling and mapping, hydrologic investigations, cultural resources survey and mitigation (if necessary), engineering studies and geologic investigations, including, but not limited to exploration drilling, seismic work and construction of subsidence monuments; and (vi) general reclamation of disturbed areas. The Lands are subject to all of the terms and conditions of the Agreement, reference to which may be made for a complete statement of rights and obligations of Surface Owner and Twentymile. The terms and conditions of the Agreement are covenants running with the Land. Should there be any discrepancy between this Memorandum and the Agreement, the Agreement shall control. The primary term of the Agreement shall commence on the effective date of the Agreement and end at 12:00 midnight on the 31st day of January, 2012 unless otherwise extended in accordance with the Agreement. cosubsicl.doc/Itg - ~ 6 -