2010-11-16_PERMIT FILE - C1996083A (26)

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~? :'30: ?e+00 15:22' 3?09295256 EO~~~IE P.ESOUP,CES LTD PAGE 07 • Exhibit H COC-62688 Amendment No. 1 SPECIAL STIPULATIONS The holder shall construct, operate, and maintain the facilities within this right-of'-way in strict conformity with the Office of Surface Mining and Colorado Division of Minerals and Geology (GONG) approved mine plan. Any deviation from the approved plan shall not be initiated without the prior written approval of the Authorize3 Officer. The right-of-way granted herein is not valid without ar. approved mine plan. Bowie Resources Limited is permitted to mire five million tons of coal per year by Che CDMG. However, the impacts of federal coal leasing along with the impacts of increasing coal production is being analyzed in the North Fork Coal Environmental Impact Statement (EIS). The original right-of-way allowed a maximum rate of two million tons of coal per year to be transported through the right-of-way. Therefore, the maximum rate of coal that will be allowed to be transported through the right-of-way amendment will be limited to the previously authorized tvo million tons of coal per year in accordance with the ongoing EIS and the original right-of-vay. The rate of transportation of coal through the right-of-way cannot increase until the EIS process is completed. 3. The holder shall submit proof of payment of all applicable coal taxes and fees to the Authorized Officer. ' 4. The holder shall include the right-of-vay in any future coal lense • applications or future lease modification requests made by the holder or their assignees for coal reserves located in the vicinity of the right- of-vay area. This right-of-way shall terminate if such leases or modifications are approved. 5. If subsurface fossil resources are found, the holder shall contact the Authorized Officer so that an assessment of significance can be made. The holder shall cease any work which may impact those resources until said assessment can be made. •