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• <br />Exhibit B <br />COC62688 <br />SPECIAL STIPULATIONS <br />1. The holder shall construct, operate, and maintain the facilities, within this right-of-way in strict <br />conformity with the OSM and CDMG approved mine plan. Any deviation from the approved plan <br />shall not be initiated without the prior wrinen approval of the Authorized Officer. The tight-of-way <br />granted herein is not valid without an approved mine plan. <br />2. The holder shall submit proof of payment of all applicable coal taxes and fees to the Authorized Officer. <br />3. The holder shall purchase the 189,200 tons of coal that will be removed during construction of the <br />tunnel system in the right-of-way at the appraised fair mazket value price of 51.52 per ton for a total of <br />azs~,foo. <br />4. The holder shall include the right-of-way in any future lease applications or future lease modification <br />requests made by the holder or their assignees for coal reserves located is the vicinity of the rightof- <br />way area. This tight-of-way shall terminate if such leases or modifications are approved. <br />5. If subsurface fossil resources aze found, the holder shall contact the Authorized Officer so that an <br />assessmem of significance can be made. T'he holder shall cease any work which may impact those <br />resources until said assessmem can be made. <br />• <br />15 <br />