2009-05-08_PERMIT FILE - C1980007

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 5/8/2009
• Doc Name: Federal Coal Exploration Plan
• Section_Exhibit Name: Exhibit 80 Drilling Activities - MR352
• Media Type: D
• Archive: No

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Sec. 6. DOCUMI~JTS, EVIDENCE AND INSPECTION - At such times and is
such form es lessor may prescribe, lessee must famish d.•Kaifed statements
showing the amounts and quality of alt products removed and sold from the
lease, the proceeds therefrom and the amount used for production purposes or
unavoidably lost.
Lessee must keep open at all reasonable times for the inspection by BLM the
leased premises and atl surface and underground improvements, works,
machinery, ore stockpiles, equipment, and all books, accounts, maps, and
records relative to aperatians, surveys, or investigations an or under the leased
lands.
Lessee must allow lessor access to and copying of documents reasonably
necessary to verify lessee sornpliance with terms and conditions of the lease.
While this (case remains in effect, informeiion obtained under this section will
be closed ro inspection by the public in accordance with the Freedom of
Information Act (5 U.S.C. 552).
Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OFOPERATIONS -
Lessee must comply at its own expense with alI reasonable orders of the
Secretary, respecting diligent operations, prevention of waste, and protection of
otherresaurces.
Lessee must.not conduct exploration operations, other than casual use, without
an approved explanation plea. All exploration plans prior is the commeacemeat
of mining operations within an approved mining permit area must be submitted
to the BLh2.
Lessee trust carry on a[1 operations in accordance with approved methods and
practices as provided is the operating regulations, having due regard for the
prevention of injury !o life, health, or prop•-tty, and prevention of waste, damage
or degradation to any land, air, water, cultural, biological, visual, and other
resources, including mineral deposits and formarions of mineral deposits not
leased hereunder, and to other land uses or r5crs. Lessee must take measures
deemed necessary by lessor to accomplish the intent of this lease term_ Such
measures may include, but are not limited ta, modification to proposed siting or
design of facilities, timing of operations, and specification of interim and final
reclamation procedures. Lessor reserves to itself the right to lease, sell, or
otherwise dispose of the surface or other mineral deposits fn thz lands and t}te
right to continue existing uses and to authorize future uses upon or in the leased
loads, including issuing leases for mineral deposits not covered hereunder and
approving easements or rights-of-nay. Lessor must condition such uses to
prevent unnecessary or unreasonable interference with rights of lessee as may lie
consistent with concepts of multiple use and multiple nineral development.
Sec. 8. PROTECTION OP DIVERSE INTERESTS, AND EQUAL OPPDRTU-
N1TY -Lessee must: pay when due alt taxes legally assessed and levied under
the laws of the State or the United States; accord a1E employees complete
freedom of purchase; pay all wages at least twice each month in lawful money
of the United States; maintain a safe wonting environment in accordance with
standard industry practices; restrict the workday to not more than 8 hours in any
one day for underground workers, except in emergencies; and take measures
necessary to protect the health and safety of the public, No pecson under the age
of 16 years should be employed in any mine below the surface. To the extent
that laws of the State in which the lands a; a situatzd are more restrictive than the
provisions in this paragraph, then the State laa5 apply.
Lessee vri11 comply with all provisions ofExecutive Order No. l 1245 of
September 24, 1965, as amended, and the rules, regulations, and relevant orders
of the Secretary of Labor. Neither Iessee nor lessee's sttbcontractors should
mainu;in segregated facilities.
Sec. 15. SPBCI.AL STIPULATIONS
Sec. 9. (a) TRANSFERS
This (ease may be transferred in whole or in part to any person,
association or eorparatioa qualified to hold such lease interest.
This Icase may be transferred in whole or is part to another public body
or to a person who will mine coat on behalf of, and forthe use oF, the
pnblic body or to a person who far the limited purpose of creating a
security interest is favor of a [ender agrees to be obligattd to mine the
coal an behalf of the public body.
This lease may only be transferred is whole or in part fo another small
business qualified under 13 CFR 121.
Transfer of record title, working or royalty interest trust be approved in
accordance with the regulations.
tb) RELCNQL']Sl{MENT -The lessee may relinquish in v,~iting at any time aA
tights under this tease or any portion thereof as provided in the :-egulations.
Upon lessor's acccpteace of the rclinquishtnent. ]tssee will be relieved oCall
future obligations under the lease or the relinquished portion thereof,
whichever s applicable.
Sec. I0. D>L.IVERY OF PItEMI56S, REMOVAL DF MACHIRBRY,
EQUIPAfE~1T, ETC. - At such time as a-l portions of this lease are rammed to
lessor, ]essee must deliver up to lessor tlr,: land leased, underground timbering,
and such outer supports and stavcturts ne-aessary for the preservation of the
mine workings on the teased premises or deposits end place all workings in
condition for suspension or abandonment. Within 180 days thereof, lessee
must remove t= ~m the premises all Dater structures, machinery, equipment,
tools, and mat,.:iats that it elects to or as required by th :BLM. Any such
strvett~es, machinery, equipment, tools, and materials remaining on the leased
lanes beyond 180 days, or approved extension thereof, will become the
property of the lessor, but lessee may either remove nay or a[I such property or
continue to be liable for the cost of removal and disposal in the amount
actually intxtrred by the lessor. if the surface is owned by third parties, lessor
wi}l waive the requirement far removal, provided the third patties do not object
to such waiver. Lessee must, prior m the termination of bond liability or at any
other time when required and in accordartec with al! applicable laws and
regulations, retlaitn ail lands the surface of which has been distwbed, dispose
of all debris or solid waste, repair the ofisite and onsitc damage caused by
lessee's activity or ecti~zties incidental thereto, and reclaim access roads or
trails.
Sec. 31. PROCEEDINGS IN CASE OF DEFAULT - If lessee fails to comply
with applicable laws, existing regulations, or the terms, conditions and
stipulations afthis lease, and the noacompliaace continues €or 30 days after
written Halite thereof, this lease will be satbjcct to canceltaiion fly the lessor
only by judicial proceedings. This prorsion will not be construed to prevent
the exercise by lessor of nay other Irgal and equitable remedy, including
waiver of the default. Any such remedy orwaiver will not prevent later
cancellation for the same default occurring at any ether time.
Sec. 12.1i1;[RS AND SUCCESSORS-IN-iNTERE5T -Each obligation of this
lease wilt extend to and be binding upon, and every benefit hereof will inure
to, the heir, executors, administrators, successors, ar assigns of the respective
parries hereto.
Sec. 13. iNDEMNIFICAT}ON -Lessee must indemnify and hold harmless the
United States from any and ail claims arising out afthe lessee's activities and
operations under this lease.
Sec. l4. SPECIAL 5TATUTES -This lease is subject to the Clean Water Act
(33 U.S.C. 1252 et seq.}, the Clean Air Act (42 U.S.C. 4274 et seq.), and to all
other applicable laws pertaining to exploration activities, mining operations
and txlamation, including the Surface Mining Conical and Reclamation Act of
1977 (30 U.S.C. 1201 et seq,}.
See Attachment ~A;'' aztd Appendix A.
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(Continued on pave 3) (Form 3400-1 Z, page 2)