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<br />UNITED STATES <br />DEPARTMENT OF THE INTERIOR <br />BUREAU OF LAND MANAGEMENT <br />MODIHIBD COAL L8AS8 <br />CU ~-... _. - ~ - _ <br />~.,. .l f~ii 8~ ~;8 <br />2m? ; _ . ; <br />Serial No. coc 61357 <br />Date of Lease: March 1, 2001 <br />PART I. -_ <br />THIS MODIFIED COAL LEASE ie entered into on - by and between the UNITED STATES OF <br />AMERICA, hereinafter called the Lessor, through the Bureau of Land Management, and <br />Oxbow Mining, LLC <br />P.O. Box 535 <br />Somerset, Colorado 81434 <br />hereinafter called Lessee. <br />This modified lease shall retain the effective date of March 1, -2001, of the original COAL LEASE COC 61357, and is <br />effective for a period of 20 years therefrom, and fox so long thereafter .as coal is produced in coamuercial quantities <br />from the leased lands, subject to zeadj ustment of lease terms at Che end of the 20th Lease year (20221, and each 10- <br />year period thereafter. <br />Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the Mineral Lands.Leasing Act of <br />1920, as amended, 41 Stat. 937, 30 O.S.C. 181-287, hereinafter referred to as the Act; <br />and to the regulations and formal orders of the Secretary of the Interior which are now or hereafter in force, when <br />not inconsistent with the express and specific provisions herein. <br />See. 2. Lessee as the holder of Coal Lease COC 61357, issued effective March 1, 2001, was granted the exclusive right <br />and privilege to drill for, mine, extract, remove or otherwise process and dispose of the coal deposits in, upon, or <br />antler the following described lands as Tract 1. .. , <br />;r. <br />T. 12 5., R. 90 W., 6`" P.M. <br />sec. 31, lots 1 to 19, inclusive, and NEN; <br />sec. 32, lots 3 to 6, inclusive, lots 11 to 19, inclusive, and NWN, <br />T. 12 S., R, 91 W. 6~^ P.M. <br />sec. 35, lots 1 to 22, inclusive, and that part of HES No. 134 <br />lying in the NEN; <br />sec. 36, lots 1 to 17, inclusive, NEN, ENNWN, SWNNWN, and that part of <br />HES 139 lying in lot 2. <br />T. 13 S., R. 90 W., 6`" P.M. <br />sec. 5, lots 7 to 10, inclusive, lots 19, 15, 17, and 18; <br />sec. 6, lots B to 17, inclusive. <br />T. 13 S., R, 91 W., 6u` P.M. <br />sec. 1, lots 1 to 4, inclusive, SNNWN, and SWN; <br />sec. 2, lot 1, and S~st4EN; <br />sec. 12, SNNEN, and NWN. <br />9,443.57 acres, in Gunnison and Pelts Counties, Colorado <br />The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to <br />be observed as herein set forth, hereby grants and leases to Lessee the exclusive right and privilege to drill for, <br />mine, extract, remove, or otherwise process and dispose of the coal deposits limited tc the coal recoverable by <br />underground mining methods located in portions of section 32 in T. 12 S., R. 90 W., 6`" P.M. and section 5 in T. 13 5., <br />R. 90 W., 6fd P.M., in the D seam described by metes and bounds below as Tract 2. <br />381.62 feet N B6o2'S0" W from the SE corner of lot 19, section 5 <br />T. 13 S., R. 90 W., to the starting point. Thence 9,286 feet N, <br />thence 782.63 feet W, thence 6,675.07 feet S 102'39" W, thence <br />158.29 feet S 87017'2" E, thence 2,626.55 feet S 1008'26" E, and <br />thence 284.40 feet S 8602'50" to the close. <br />159.99 acres, more or less. <br />containing 9,603.56 acres, more or less, together with the right to construct such works, buildings, plants, <br />structures, equipmettt and appliances and the right to use such on-lease rights-of-way which may be necessary and <br />convenient in the exercise of the rights and privileges granted, subject to the conditions herein provided. <br />