2012-11-05_PERMIT FILE - X201222311

• Permit No: X201222311
• IBM Index Class Name: Permit File
• Doc Date: 11/5/2012
• Doc Name: Surface Agreement ‎(emailed)‎
• From: Oxbow Mining, LLC
• To: DRMS
• Media Type: D
• Archive: No

When Recorded Return To:
c/o Steve Weist
Oxbow Mining, LLC
PO Box 535
Somerset, CO 81434
9121112
THE ARL"A ABOVE IS RESaLRVED FOR RECORDER'S USE
SURFACE USE AGREEMENT
THIS SURFACE USE AGREEMENT" (this "Agreement "), dated effective as of
September 21, 2012 (the "Effective Date "), is between Marvin H. White and Billie June White
whose address for the purposes of this Agreement is 28820 North Rd., Hotchkiss CO 81419,
Attn: Marvin 11. White; and OXBOW MINING OAK MESA, LLC, a Delaware limited liability
company ( "Oxbow "), whose address for the purposes of this Agreement is P.O. Box 535,
Somerset, Colorado 81434, Attn: Jim Cooper. Marvin H. White and Oxbow shall be referred to
herein, individually, as a "Party," and, collectively, as the "Parties."
Recitals
A. Oxbow desires to conduct environmental and surface surveys on surface real
estate interests owned by Marvin H. White in the Properties for the purpose of the preparation of
an environment assessment for the Bureau of' Land Management, the survey of possible drill hole
locations. the identification and flagging of survey points for an aerial survey to be conducted by
Oxbow, and identification of potential development of surface and ground water well monitoring
sites (all collectively, the "Survey Activities ").
B. In addition to conducting the Survey Activities, Oxbow is interested in
completing exploration drilling of the coal seam(s) under the surface estate owned by Marvin H.
White in the Properties pursuant to a coal exploration permit or exploration permits Oxbow
intends to obtain from the United States of America, through the Bureau of Land Management
(BLM), and the Colorado Division of Reclamation Mining and Safety (CDRMS), at some date in
the future, insofar as those exploration permit or permits and notices of intent to explore pertain
to underground coal deposits in the Properties.
C. Oxbow acknowledges that thei surface estate owned by Marvin H. White is
subject to a Deed of Conservation Easement In Gross, as described in Exhibit "B ". As such
Oxbow shall work with Marvin 11. White to minimize surface disturbances, and to reclaim any
surface disturbance caused by Oxbow in order to meet State and Federal regulatory (reclamation)
standards. Oxbow shall work with a 3'd party consultant to evaluate and prepare an annual report
on the status of the reclaimed surfaces on the Landowners affected property, until bonding is
released by all state and Federal regulatory agencies.
D. This Agreement sets forth the Parties' rights and obligations regarding the use of
the Properties by Oxbow in connection with the exploration of the coal mineral estate contained
within the Properties.
4 1489959 0 den