2011-06-15_PERMIT FILE - C1981038 ‎(3)‎

• Permit No: C1981038
• IBM Index Class Name: Permit File
• Doc Date: 6/15/2011
• Section_Exhibit Name: Volume 9 - LAND USE APPENDIX
• Media Type: D
• Archive: No

-°' MR -127 Volume 9, Land Use Appendix
SURFACE USE AND ACCESS AGREEMENT
This agreement dated this day of 011 is made by and between Derby Mountain LLP, general
partners Gene and Marie Grange (Derby herein), whose address is 10543 3300 Rd, Hotchkiss, CO 81419
and Bowie Resources Ltd. (BRL herein), whose address is PO Box 1488, Paonia, CO 81428.
WHEREAS:
Derby owns certain private property in Delta County Co. in the vicinity of Steven's Gulch which is more
fully described in Attachment A (Property Map).
BRL owns and operates an underground coal mine in Delta County Co. near Derby's Property
Derby is willing to permit BRL to perform coal exploration drilling and operations on Derby Property
under the terns and conditions described herein.
NOW, THEREFORE, in consideration of the premises, the receipt and sufficiency whereof are
acknowledged by each of the parties hereto, it is agreed as follows:
1. The extent of the coal exploration drilling and operations will be limited to three drill holes on the
Derby Property. The approximate drill hole location is detailed in Attachment A.
2. Payments: As compensation for surface disturbances, damages, and road access BRL will
• compensate Derby for the amount shown in the table below. All three of the proposed
exploration holes may not be drilled. Payment will be made only for the exploration holes and
access road actually constructed. For payment purposes it is assumed the pads are one acre in
area and the roads are 20 feet wide, the actual constructed dimensions are smaller and can be seen
in the sections below labeled `Access Roads' and `Drill Pads'. The compensation as shown in the
table below and as described above along with all other outstanding monies owed Derby shall be
paid before any work commences.
Exploration
Hole
Proposed
Road
Length
Acreage of
Disturbance
Price /Acre
Subtotal
Pad
Road
BRL- 2010 -1
220'
1.0
0.1
$3,500
$3,850
BRL- 2010 -2
610'
1.0
0.3
$3,500
$4,550
BRL- 2010 -3
1780'
1.0
0.8
$3,500
$6,300
Total I $14,700
Access Roads: The exploration site will be accessed from new and existing road. The sections of
existing roads used will be maintained in their existing condition. See the table above for the
lengths of the proposed new roads. New roads are constructed as narrow as possible to safely
allow access for the drilling equipment and personnel. Typical constructed road widths are 16
feet wide. Only the existing roads required to access the exploration site will be used. Use of any
road not directly required for site access is prohibited. All roads shall be used in a reasonable and
prudent manner so as to prevent any unnecessary damage. Any damage that occurs will be
repaired by BRL in a timely manner.
Surface Use and Access Agreement
A A --)-,7
/�iPPRoVED
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