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III 1111111111111111 PEABO J r. uKe .~[uoc+• October 3, 1983 Doc Date:12/11/2001 `:OMPANY ,. '~N Mr. Bennett K. Hatfield Vice President Sun Coal Company, Inc. c% A. T. Massey Coal Company, Inc. P.O. Box 26765 Richmond, Virginia 23261 Dear Mr. Hatfield: This will cronfirm recent discussions between representatives of Peabody Coal Company ("Peabody") and Sun Coal Company ("Sun") regarding Sun's use of Peabody's mixed brush vegetative reference area ("Reference Area!')located on one of Peabody's Colorado State Coal Mining Leases in Routt County, Colorado, and more particularly described in the Seneca II Mine Permit Application filed with the Colorado Mined Land Reclamation Division. Sun desires to use data from the Reference Area in order to monitor its revegeta- tion program at its mine in Routt County and in order to demonstrate successful revege- faTion for purposes of securing the future release of reclamation bands. Peabody is willing to make fhe Reference Area data available fo Sun, or to allow Sun to collect periodic data on its own behalf, for these purposes under the following conditions: I. The Reference Area will be under the management of Pea- body. Sun may participate with Peabody, in the manner described below, in monitoring and collecting data from the Reference Area, but Sun agrees not to monitor or' collect data from the Reference Area or disturb in any way the Reference Area without Peabody's participation or written consent as provided for below. 2. Sun shall pay to Peabody none-time payment of $3,200, which sum represents one~alf of Peabody's costs for the initial base line data collection for fhe Reference Area. 3. Sun and Peabody presently contemplate that the Reference Area wil! be monitored and data collected ("Monitoring Program") a't three year intervals with the first monitoring Program commencing in 1985 or 1986. Prior to April I of the years in which the Monitoring Program is to be per- formed, Sun shall notify Peabody in writing whether it desires to participate in the Monitoring Program that year. (f Sun so notifies Peabody, Peabody shall forward to Sun a copy of its scope of work for the Monitoring Program for 343 - (Rev. 5/86)