2007-08-17_PERMIT FILE - C1981035A ‎(17)‎

• Permit No: C1981035A
• IBM Index Class Name: PERMIT FILE
• Doc Date: 8/17/2007
• Doc Name: Licenses and Permits
• Section_Exhibit Name: KI Appendix 02
• Media Type: D
• Archive: Yes

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AGREEMENT
THIS AGREEMENT is made between NATIONAL KING COAL, INC.
("NKC"), P". O. Box 2905, Durango, Colorado 81301, and LAWRENCE
HUNTINGTON ("Huntington"), 8796 County Road 120, Hesperus,
Colorado 81326.
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Reason For Agreement -
1. NKC is operator of the King Coal Mine, the underground
workings of which are located in Sections 31 and 32, Township
35 North, Range 11 West, New Mexico Principal Meridian, La
Plata County, Colorado.
2. Huntington is the owner of the surface of certain
lands located adjacent to and above the underground workings of
i the King Coal Mine. Located in part on such surface lands in
Sections 31 and 32 is an unlined irrigation ditch ("Ditch")
• usad by Huntington in connection with his ranching operations.
3. NKC and Huntington wish to set forth their respective
obligations and procedures for dealing with any material damage
to such Ditch which might be caused by the surface effects of
subsidence due to NKC's underground coal mining operations.
Agreement
NOW. THEREFORE, in consideration of the respective
obligations Bet forth below, NKC and Huntington agree as
follows:
1. Huntington does hereby grant to NKC the right of
access to, on and across his surface lands, located above and
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adjacent to the underground workings of NKC's King Coal Mine,
for the purpose of periodic inspections of the Ditch by means
reasonable for such purpose.
2. Huntington further hereby grants to NKC the right of
access to, on and across such surface lands for the purpose of
repairing any material damage to the Ditch which such
inspections determine occurred due to the surface effects of
subsidience caused by NKC's underground coal mining operations.
3. If such inspections reveal that such damage has
occurred to the pant of the Ditch located in Sections 31 and 32
November 1993