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UNITED STATES
<br />DEPARTMENT OF THE INTERIOR
<br />BUREAU OF LAND MANAGEMENT
<br />MODIFIED COAL LEASE
<br />co
<br />Serial No. CDC 61357
<br />Date of Lease: March 1. 2001
<br />PART I. -
<br />THIS MODIFIED COAL LEASE is entered into on - by and between the UNITED STATES OF
<br />AMERICA, hereinafter called the Lessor, through the Bureau of Land Management, and
<br />Oxbow Mining, LLC
<br />P.O. Box 535
<br />Somerset, Colorado 81434
<br />hereinafter called Lessee.
<br />This modified lease shall retain the effective date of March 1, -2001, of the original COAL LEASE COC 61357, and is
<br />effective for a period of 20 years therefrom, and for so long thereafter as coal is produced in commercial quantities
<br />from the leased lands, subject to readjustment of lease terms at the end of the 20th lease year (2021), and each 10-
<br />year period thereafter.
<br />Sec. 1. This lease is issued pursuant and subject to the terms and provisions of the Mineral Lands. Leasing Act of
<br />1920, as amended, 41 Stat. 437, 30 U.S.C. 181 -287, hereinafter referred to as the Act;
<br />and to the regulations and formal orders of the Secretary of the Interior which are now or hereafter in force, when
<br />not inconsistent with the express and specific provisions herein.
<br />See. 2. Lessee as the holder of Coal Lease CDC 61357, issued effective March 1, 2001, was granted the exclusive right
<br />and privilege to drill for, mine, extract, remove or otherwise process and dispose of the coal deposits in, upon, or
<br />under the following described lands as Tract 1. .. ,
<br />:1
<br />T. 12 S., R. 90 W., 6t° P.M.
<br />sec. 31, lots 1 to 14, inclusive, and NE4;
<br />sec. 32, lots 3 to 6, inclusive, lots 11 to 14, inclusive, and NW44,
<br />T. 12 S., R. 91 W. 6"" P.M.
<br />sec. 35, lots 1 to 22, inclusive, and that part of HES No. 134
<br />lying in the NE4;
<br />sec. 36, lots 1 to 17, inclusive, NEN, E45NW44, SW44NW4, and that part of
<br />RES 134 lying in lot 2.
<br />T. 13 S., R. 90 W., 6" P.M.
<br />sec. 5, lots 7 to 10, inclusive, lots -14, 15, 17, and 18;
<br />sec. 6, lots 8 to 17, inclusive.
<br />T. 13 S., R. 91 W., 6"` P.M.
<br />sec. 1, lots 1 to 4, inclusive, S4NW4, and SW4;
<br />sec. 2, lot 1, and S4NE4;
<br />sec. 12, S4ME4, and NW4.
<br />4,443.57 acres, in Gunnison and Delta Counties, Colorado
<br />The Lessor in consideration of fair market value, rents and royalties to be paid, and the conditions and covenants to
<br />be observed as herein set forth, hereby grants and leases to Lessee the exclusive right and privilege to drill for,
<br />mine, extract, remove, or otherwise process and dispose of the coal deposits limited to the coal recoverable by
<br />underground mining methods located in portions of section 32 in T. 12 S., R. 90 W., 6" P.M. and section 5 in T. 13 S.,
<br />R. 90 W., 6fd P.M., in the 0 seam described by metes and bounds below as Tract 2.
<br />381.62 feet N 8602'50" W from the SE corner of lot 19, section 5
<br />T. 13 S., R. 90 W., to the starting point. Thence 9,286 feet N,
<br />thence 782.63 feet W, thence 6,675.07 feet S 102139" W, thence
<br />158.29 feet S 8701712" E, thence 2,626.55 feet S 1008126" E, and
<br />thence 284.40 feet S 8602'50" to the close.
<br />159.99 acres, more or less.
<br />containing 4,603.56 acres, more or less, together with the right to construct such works, buildings, plants,
<br />structures, equipment and appliances and the right to use such on -lease rights -of -way which may be necessary and
<br />convenient in the exercise of the rights and privileges granted, subject to the conditions herein provided.
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