2018-02-08_PERMIT FILE - C2010089A ‎(7)‎

• Permit No: C2010089A
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/8/2018
• Doc Name: Letters Landowners Consenting Proposed Postmining Land Use
• Section_Exhibit Name: Appendix 2.05.5-1
• Media Type: D
• Archive: Yes

Statements by Landowner:
Garvey & Co. LLC is the owner of the land (surface only) situated at southwest '/ of
section 25, T47N; R16W, N.M,P.M., constituting about 160 acres of land, more or less in
Nucla, Montrose County, Colorado (the "Property"). I have leased this land to Western
Fuels -Colorado, LLC ("WFC") for coal mining in accordance with a Surface Lease and
Purchase Agreement dated August 7, 2009 (the "Lease"). As required by the Lease, WFC
will reclaim the Garvey & Co. LLC property with differing levels of vegetation in
accordance with the map and reclamation plan I have been provided. With this letter I am
requesting Division of Reclamation, Mining and Safety to approve the post -mining
reclamation of my land as WFC has indicated in the attached map.
The Lease provides as follows (Section 2(c), Terms and Conditions):
Irrigation of Pasture. Lessee shall reclaim to irrigated pasture land the
same acreage of irrigated pasture lands that are subject to this Agreement
as of the Effective Date.
By agreement, WFC and Garvey & Co. LLC have determined that an additional
11.64 acres will be reclaimed as irrigated pasture lands, in addition to the 42.71
acres that were irrigated pasture lands as of the Effective Date of the Lease. The
proposed postmining land use plan requests Colorado DRMS to approve the
addition of increased irrigated pasture areas and the change of certain grazing land
areas to dry land pasture as provided in Map 2.05.5-1 Postmining Land Use map.
Section 4(3), Special Rights of Lessee, provides as follows:
Subject to Section 2.c and Section 5, following the completion of mining
activities, Lessee shall have the exclusive right to determine the uses to
which the property is to be put after mining, or the crops, if any, to be
raised, or the methods to be employed and the costs to be incurred as part
of such after -mining uses. To the extent allowed by the Colorado Division
of Reclamation, Mining and Safety, Lessor shall have input into such uses.
Lessor and Lessee will be bound by the terms of the permit issued by
Colorado Division of Reclamation, Mining and Safety, and Lessor hereby
grants to Lessee the Rights necessary to comply with such permit.
Section 5 of the Lease, Post -Mining Reclamation, provides as follows:
Within ninety (90) days of the Effective Date, Lessor and Lessee shall
agree on the number of irrigated pasture acres existing on the Property as
of the Effective Date and Lessee shall reclaim the surface of the Property
to the same acreage of irrigated pasture lands that existed as of at the
Effective Date. Subject to specific Colorado Division of Reclamation,