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1~ <br /> <br />rAns a(arAda <br />' ~ Cjna ]'ennamiasion Company <br />June 30, 1998 <br />Powderhom Coal Company <br />P. O. Box 1430 <br />Palisade, CO 81526 <br />Gentlemen: <br />TransColorado Gas Transmission Company (TransColorado) has been issued right-of--way <br />• grant No. COC-51280 by the United States Bureau of Land Management across public lands for a <br />natural gas transmission line. The route selected for the line will cross lands on which Powderhom <br />Properties Company holds federal coal lease number 01538. <br />The natural gas transmission line will cross within the coal lease area in Section 18, <br />Township 1 l South, Range 97 West, Sixth Principal Meridian, Mesa County, Colorado <br />The right-of -way grant to be issued to TransColorado will contain a stipulation that will <br />provide that the existence of the gas transmission line shall not prevent the mining of any coal under <br />the leases. The Colorado surface Coal Mining Reclamation Act prevents mining operation from <br />disturbing surface facilities. <br />TransColorado acknowledges that its rights will be subject to the above right-of--way <br />stipulation in favor of mining activities under Powderhom's coal leases and agrees to analyze the <br />impact of the mining activities on its gas transmission pipeline and, if necessary, relocate the line <br />if it is determined that it will interfere with mine operations under said line. The cost of relocation, <br />if deemed necessary, shall be borne by TransColorado. <br />Powderhorn agrees to give TransColorado six (6) months notice of its intention to begin <br />mining activities in the area crossed by the gas transmission line and assist TransColorado in <br />• determining a satisfactory alternate location for the transmission line. TransColorado agrees to let <br />Powderhom set up a subsidence monitoring and control program of the transmission line and will <br />assist Powderhom in developing a plan to prevent subsidence to the transmission line. <br /> <br />This letter is intended to record our agreement regarding the relocation of the gas <br />transmission line to allow for all coal to be removed from the lands covered by the Bureau of Land <br />Management right-of--way grant. <br />Meiling Address: Phone 801 324 2507 Street Address: <br />PO Box 45360 Phone 801 324 2030 180 Eest 100 South <br />Salt Lake Ciry, UT 84145-0360 FAX 801 324 5005 Sel[ lake Ciry, UT 84111 <br />AJoint Venture olSu6sidiariea al K N Energy, Inc, antl Our:srar Pipeline Company <br /> <br />