2012-09-19_PERMIT FILE - X201222311 (2)

Home Browse Search

" Exploration Access Road means a temporary light use road for access to Survey Activities, an Exploration Drillhole Pad, Ground Water Well Monitoring Site or rather exploration activity allowed under this Agreement. "Exploration Drillhole Pad" means an area of disturbance of approximately 0.5 acre that will be used to contain exploration drilling equipment and supplies during the exploration drilling activities at that site. " Exploration Permits means coal exploration permits obtained by Oxbow from the BLM and the CDRMS covering all or part of the Properties.. " Ground Water Well Monitoring — " means an exploration drillhole that has been completed as a water well to allow the collection of water samples and monitoring of water levels for a period of time (minimum 1 year) that will allow the BLM and CDRMS to determine current water quality. " Properties " means the lands in Delta County, Colorado described on Exhibit A , attached hereto, and made a part hereby. " Surface Water Monitor Site means selected sites above and below the proposed exploration drillhole locations along drainage channels to monitor water quality along those drainages during exploration and reclamation activities. Z. Surface. Use by Oxbow. Oxbow (which for purposes of this section shall include Oxbow's contractors, wholly -owned subsidiaries, agents and employees) shall have the right to enter upon and use the surface of the Properties for the purpose of conducting the Survey Activities and coal exploration drilling operations thereupon, including, but not limited to: completing environmental studies and aerial surveys of the surface of the Properties to allow for construction of drill pads; conducting coal exploration drilling from Exploration Drillhole Pads constructed by Oxbow, and completing or plugging and abandoning such drilling sites; and constructing, maintaining, improving, repairing, replacing, extending and expanding locations for such Exploration Drillhole Pads, access roads, and appurtenances on, over, and through the Properties as approved by the BLM and CDRMS in the Exploration Permits. In order to confirm and ratify Oxbow's rights with respect to these exploration activities, G R Bar Ranch hereby grants to Oxbow the right to continue the use and occupation of those portions of the Properties projected to be used or occupied by it in connection with the foregoing survey and exploration activities. Times for commencement of Oxbow's surface activities shall be agreed by the parties, provided that G R Bar Ranch acknowledges that once activities commence they will need to be completed according to Oxbow's schedule. The parties will coordinate to avoid commencing activities during hunting season that would preclude hunting during periods when landowner has hunting activities previously scheduled on the properties, and landowner shall notify Oxbow promptly of all hunting activities scheduled on the properties. 3. Access In exchange for the consideration set forth herein, G R Bar Ranch has granted and does hereby grant and convey to Oxbow an easement for access to the Properties to !91488959 0 den