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2012-11-05_PERMIT FILE - X201222311
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2012-11-05_PERMIT FILE - X201222311
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Last modified
8/24/2016 5:10:19 PM
Creation date
2/22/2013 2:35:54 PM
Metadata
Fields
Template:
DRMS Permit Index
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
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When Recorded Return To: <br />c/o Steve Weist <br />Oxbow Mining, LLC <br />PO Box 535 <br />Somerset, CO 81434 <br />9121112 <br />THE ARL"A ABOVE IS RESaLRVED FOR RECORDER'S USE <br />SURFACE USE AGREEMENT <br />THIS SURFACE USE AGREEMENT" (this "Agreement "), dated effective as of <br />September 21, 2012 (the "Effective Date "), is between Marvin H. White and Billie June White <br />whose address for the purposes of this Agreement is 28820 North Rd., Hotchkiss CO 81419, <br />Attn: Marvin 11. White; and OXBOW MINING OAK MESA, LLC, a Delaware limited liability <br />company ( "Oxbow "), whose address for the purposes of this Agreement is P.O. Box 535, <br />Somerset, Colorado 81434, Attn: Jim Cooper. Marvin H. White and Oxbow shall be referred to <br />herein, individually, as a "Party," and, collectively, as the "Parties." <br />Recitals <br />A. Oxbow desires to conduct environmental and surface surveys on surface real <br />estate interests owned by Marvin H. White in the Properties for the purpose of the preparation of <br />an environment assessment for the Bureau of' Land Management, the survey of possible drill hole <br />locations. the identification and flagging of survey points for an aerial survey to be conducted by <br />Oxbow, and identification of potential development of surface and ground water well monitoring <br />sites (all collectively, the "Survey Activities "). <br />B. In addition to conducting the Survey Activities, Oxbow is interested in <br />completing exploration drilling of the coal seam(s) under the surface estate owned by Marvin H. <br />White in the Properties pursuant to a coal exploration permit or exploration permits Oxbow <br />intends to obtain from the United States of America, through the Bureau of Land Management <br />(BLM), and the Colorado Division of Reclamation Mining and Safety (CDRMS), at some date in <br />the future, insofar as those exploration permit or permits and notices of intent to explore pertain <br />to underground coal deposits in the Properties. <br />C. Oxbow acknowledges that thei surface estate owned by Marvin H. White is <br />subject to a Deed of Conservation Easement In Gross, as described in Exhibit "B ". As such <br />Oxbow shall work with Marvin 11. White to minimize surface disturbances, and to reclaim any <br />surface disturbance caused by Oxbow in order to meet State and Federal regulatory (reclamation) <br />standards. Oxbow shall work with a 3'd party consultant to evaluate and prepare an annual report <br />on the status of the reclaimed surfaces on the Landowners affected property, until bonding is <br />released by all state and Federal regulatory agencies. <br />D. This Agreement sets forth the Parties' rights and obligations regarding the use of <br />the Properties by Oxbow in connection with the exploration of the coal mineral estate contained <br />within the Properties. <br />4 1489959 0 den <br />
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