2009-01-20_PERMIT FILE - X200923100

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4 wasting of recoverable coal reserves. Damages shall be measured on the basis of the royalty that would have been payable on the wasted or unrecovered coal. (2) The parties recognize that under an approved R2 P2, conditions may require a modification by the operat°r/lessee of that plan. In the event a coalbed or portion thereof is not by the to be mined o is rendered ator/lessee i sh 11 submit operation, the e ope roval by appropriate justification to obtain app the (AO) to leave such reserves unmined. Upon approval by the Ao, such coalbeds or portions thereof shall not be subject to damaagne3thas Furter described above. I P nothing section shall prevent the operator/lessee 11 or portion exercising its right to relinquish statute and of the lease as authorized by regulation. asthtaatt (3) In the event the AO determines the R2P2, as approved, will not attain M result of changed conditions, the AO will give proper notice to the operator/lessee as required under applicable regulations. The AO will order a modification if necessary, identifying mined additional reserve s a offinal administrative or attain MER. Upo suchunmineand (wordered judicial ruling upholding as modification, any reserves left ese under that plan will be subject ph under this described in the first p section. the right to appeal (4) Subject to of the value of hereinafter set forth, payment the royalty on such unmined recoverable upon reserves .shall be Q mat the con reserves determination by have been e= to /lesseeedhas demonstrated an that the opp unwillingness to extract the coal. (5)' The BLM may enforce this provision either by issuing a written decision requiring payment of the MMoticdemand for compliancies, OA decision or notice of non-compliance cis duec under issued this decision _ stipulation the lessor is that appealable as allowed by law. THE UNITED STATES OF AMERICA i By. D pu State Director iv Sion of Energy, Lands and Minerals ?. orado State Office D g1? Date: -