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Volume 9, Land Use Appendix <br />• SURFACE USE AND ACCESS AGREEMENT <br />This agreement dated this`' day of,; 2010 is made by and between Turkey Track Ranch, trustee <br />Albert Donald (Turkey Track herein), whose address is 907 Cheniere Drew Rd, West Monroe, LA 71291 <br />and Bowie Resources Ltd. (BRL herein), whose address is PO Box 1488, Paonia, CO 81428. <br />WHEREAS: <br />Turkey Track owns certain private property in Delta County Co. in the vicinity of Steven's Gulch as <br />described as 20738, 20993, 20997, and 20989 Stevens Gulch Road, Paonia and more fully described in <br />Attachment A (Property Map). <br />BRL owns and operates an underground coal mine in Delta County Co. near Turkey Track's Property. <br />Turkey Track is willing to permit BRL to perform coal exploration drilling and operations on Turkey <br />Track Property under the terms and conditions described herein. <br />NOW, THEREFORE, in consideration of the premises, the receipt and sufficiency whereof are <br />acknowledged by each of the parties hereto, it is agreed as follows: <br />1. The extent of the coal exploration drilling and operations will be limited to one drill hole on the <br />Turkey Track Property. The approximate drill hole location is detailed in Attachment A. <br />2. Payments As compensation for surface disturbances, damages, and road access Bowie will <br />compensate Turkey Track for the total amount of $12,250. Payment will be post marked within <br />15 days after BRL receives a copy of this signed agreement from Turkey Track. <br />3. Access Roads The exploration site will be accessed from the existing roads. The sections of the <br />roads used will be maintained in their existing condition. <br />4. Drill Pads: Drill pads will be designed to minimize surface disturbance. The maximum size of <br />the drill pad will be 150' x 200'. The estimated surface disturbance for the drill pad will be 0.6 of <br />an acre. Construction of the pad would proceed by first selectively clearing brush /vegetation, <br />removing the topsoil, and stockpiling for future use in later reclamation, and leveling the subsoil <br />to form a flat pad. A mud pit will be constructed on the prepared pad. A berm will be <br />constructed around the pad to contain and divert any runoff into the mud pit. If necessary the <br />mud pit will be pumped out to reduce its content and to insure overflow does not occur. <br />S. Water for Drilling: Water will be supplied to the drill pad via water trucks unless another <br />agreement is reached with Turkey Track. <br />6. Reclamation Reclamation of the drill pad will involve re- grading the site to the approximate <br />original contour, reestablishing disturbed drainage, topsoil replacement, and reseeding all <br />disturbed areas. Reclamation activities will commence immediately after drilling activities are <br />complete. Reseeding will be done with seed mixes described by the USFS for Mountain Shrub <br />Communities. The mud pits will be pumped dry and pumped material will be disposed of at a <br />State of Colorado approved site. <br />7. Permitting and Bonding Before any site work will commence BRL must acquire all necessary <br />•�" permitting from the State of Colorado and post construction bonding based on the amount of <br />m R 2 q <br />APPPOV&D <br />