EXHIBIT 10
Form 3400-12 Serial Number
(April 1986) UNITED STATES
DEPARTMENT OF THE INTERIOR UTU-76195
BUREAU OF LAND MANAGEMENT
COAL LEASE
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PART I: LEASE RIGHTS GRANTED
This lease, entered into by and between the United States of America,
hereinafter called the lessor, through the Bureau of Land Management, and
(Name and Address)
Canyon Fuel Company, LLC
6955 S. Union Park Center, Suite 540
Midvale, UT 84047
hereinafter called the lessee, is effective (date) OCT 1 1999, for a period of
20 years and for so long thereafter as coal is produced in commercial quantities
from the leased lands, subject to readjustment of lease terms at the end of the
20th lease year and each 10-year period thereafter.
Sec. 1. This lease issued pursuant and subject to the terms and provisions of
the:
[X] Mineral Lands Leasing Act of 1920, Act of February 25, 1920, as amended, 41
Stat. 437, 30 U.S.C. 181-287, hereinafter referred to as the Act;
[ ] Mineral Leasing Act for Acquired Lands, Act of August 7, 1947, 61 Stat. 913,
30 U.S.C. 351-359;
and to the regulations and formal orders of the Secretary of the Interior which
are now or hereafter in force, when not inconsistent with the express and
specific provisions herein.
Sec. 2. Lessor, in consideration of any bonuses, rents and royalties to be paid,
and the conditions and covenants to be observed as herein set forth, hereby
grants and leases to lessee the exclusive right and privilege to drill for,
mine, extract, remove or otherwise process and dispose of the coal deposits in,
upon, or under the following described lands:
T. 20 S., R. 5 E., SLM, Utah T. 21 S., R. 5 E., SLM, Utah
Sec. 35, S2NE,SENW,NESW,S2SW,SE; Sec. 1, lots 3,4,S2SW,SWSE;
Sec. 36, W2SW,SESW. Sec. 2, lots 1-4,S2S2;
Sec. 10, E2;
T. 21 S., R. 6 E., SLM, Utah Sec. 11, all;
Sec. 19, lots 3,4,E2SW; Sec. 12, all;
Sec. 30, lots 1-3,E2NW,NESW. Sec. 13, all;
Sec. 14, all;
Sec. 15, E2;
Sec. 22, E2;
Sec. 23, all;
Sec. 24, all;
Sec. 25, N2,N2S2;
Sec. 26, N2,NESW,E2NWSW,SE.
containing 7,171.66 acres, more or less, together with the right to construct
such works, buildings, plants, structures, equipment and appliances and the
right to use such on-lease rights-of-way which may be necessary and convenient
in the exercise of the rights and privileges granted, subject to the conditions
herein provided.
PART II. TERMS AND CONDITIONS
Sec. 1. (a) RENTAL RATE - Lessee shall pay lessor rental annually and in advance
for each acre or fraction thereof during the continuance of the lease at the
rate of $3.00/acre for each lease year.
(b) RENTAL CREDITS - Rental shall not be credited against either production or
advance royalties for any year.
Sec. 2 (a) PRODUCTION ROYALTIES - The royalty shall be 8 per cent of the value
of the coal as set forth in the regulations. Royalties are due to lessor the
final day of the month succeeding the calendar month in which the royalty
obligation accrues.
(b) ADVANCE ROYALTIES - Upon request by the lessee, the authorized officer may
accept, for a total of not more than 10 years, the payment of advance royalties
in lieu of continued operation, consistent with the regulations. The advance
royalty shall be based on a percent of the value of a minimum number of tons
determined in the manner established by the advance royalty regulations in
effect at the time the lessee requests approval to pay advance royalties in lieu
of continued operation.
Sec. 3. BONDS - Lessee shall maintain in the proper office a lease bond in the
amount of $13,686,000. The authorized officer may require an increase in this
amount when additional coverage is determined appropriate.
Sec. 4. DILIGENCE - This lease is subject to the conditions of diligent
development and continued operation, except that these conditions are excused
when operations under the lease are interrupted by strikes, the elements, or
casualties not attributable to the lessee. The lessor, in the public interest,
may suspend the condition of continued operation upon payment of advance
royalties in accordance with the regulations in existence at the time of the
suspension. Lessee's failure to produce coal in commercial quantities at the end
of 10 years shall terminate the lease. Lessee shall submit an operation and
reclamation plan pursuant to Section 7 of the Act not later than 3 years after
lease issuance.
The lessor reserves the power to assent to or under the suspension of the terms
and conditions of this lease in accordance with, inter alia, Section 39 of the
Mineral Leasing Act, 30 U.S.C. 209.
Sec. 5. LOGICAL MINING UNIT (LMU) - Either upon approval by the lessor of the
lessee's application or at the direction of the lessor, this lease shall become
an LMU or part of an LMU, subject to the provisions set forth in the
regulations.
The stipulation established in an LMU approval in effect at the time of LMU
approval will supersede the relevant inconsistent terms of this lease so long as
the lease remains committed to the LMU. If the LMU of which this lease is a part
is dissolved, the lease shall then be subject to the lease terms which would
have been applied if the lease had not been included in an LMU.
Sec. 6. DOCUMENTS, EVIDENCE AND INSPECTION - At such times and in such form as
lessor may prescribe, lessee shall furnish detailed statements showing the
amounts and quality of all products removed and sold from the lease, the
proceeds therefrom, and the amount used for production purposes or unavoidably
lost.
Lessee shall keep open at all reasonable times for the inspection of any duly
authorized officer of lessor, the leased premises and all surface and
underground improvements, works, machinery, ore stockpiles, equipment, and all
books, accounts, maps, and records relative to operations, surveys, or
investigations on or under the leased lands.
Lessee shall allow lessor access to and copying of documents reasonably
necessary to verify lessee compliance with terms and conditions of the lease.
While this lease remains in effect, information obtained under this section
shall be closed to inspection by the public in accordance with the Freedom of
Information Act (5 U.S.C. 552).
Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS - Lessee shall comply at
its own expense with all reasonable orders of the Secretary, respecting diligent
operations, prevention of waste, and protection of other resources.
Lessee shall not conduct exploration operations, other than casual use, without
an approved exploration plan. All exploration plans prior to the commencement of
mining operations within an approved mining permit area shall be submitted to
the authorized officer.
Lessee shall carry on all operations in accordance with approved methods and
practices as provided in the operating regulations, having due regard for the
prevention of injury to life, health, or property, and prevention of waste,
damage, or degradation to any land, air, water, cultural, biological, visual,
and other resources, including mineral deposits and formations of mineral
deposits not leased hereunder, and to other land uses or users. Lessee shall
take measures deemed necessary by lessor to accomplish the intent of this lease
term. Such measures may include, but are not limited to, modification to
proposed siting or design of facilities, timing of operations, and specification
of interim and final reclamation procedures. Lessor reserves to itself the right
to lease, sell or otherwise dispose of the surface or other mineral deposits in
the lands and the right to continue existing uses and to authorized future uses
upon or in the leased lands, including issuing leases for mineral deposits not
covered hereunder and approving easements or rights-of-way. Lessor shall
condition such uses to prevent unnecessary or unreasonable interference with
rights of lessee as may be consistent with concepts of multiple use and multiple
mineral development.
Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTUNITY - Lessee shall:
pay when due all taxes legally assessed and levied under the laws of the State
or the United States; accord all employees complete freedom of purchase; pay all
wages at least twice each month in lawful money of the United States; maintain a
safe working environment in accordance with standard industry practices;
restrict the workday to not more than 8 hours in any one day for underground
workers, except in emergencies; and take measures necessary to protect the
health and safety of the public. No person under the age of 16 years shall be
employed in any mine below the surface. To the extent that laws of the State in
which the lands are situated are more restrictive than the provisions in the
paragraph, then the State laws apply.
Lessee will comply with all provisions of Executive Order No. 11246 of September
24, 1965, as amended, and the rules, regulations, and relevant orders of the
Secretary of Labor. Neither lessee nor lessee's subcontractors shall maintain
segregated facilities.
Sec. 9. (a) TRANSFERS
[X] This lease may be transferred in whole or in part to any person,
association or corporation qualified to hold such lease interest.
[ ] This lease may be transferred in whole or in part to another public body,
or to a person who will mine the coal on behalf of, and for the use of, the
public body or to a person who for the limited purpose of creating a
security interest in favor of a lender agrees to be obligated to mine the
coal on behalf of the public body.
[ ] This lease may only be transferred in whole or in part to another small
business qualified under 13 CFR 121.
Transfers of record title, working or royalty interest MUST be approved in
accordance with the regulations.
(b) RELINQUISHMENT - The lessee may relinquish in writing at any time all rights
under this lease or any portion thereof as provided in the regulations. Upon
lessor's acceptance of the relinquishment, lessee shall be relieved of all
future obligations under the lease or the relinquished portion thereof,
whichever is applicable.
Sec. 10. DELIVERY OF PREMISES, REMOVAL OF MACHINERY, EQUIPMENT, ETC. - At such
time as all portions of this lease are returned to lessor, lessee shall deliver
up to lessor the land leased, underground timbering, and such other supports and
structures necessary for the preservation of the mine workings on the leased
premises or deposits and place all workings in condition for suspension or
abandonment. Within 180 days thereof, lessee shall remove from the premises all
other structures, machinery, equipment, tools, and materials that it elects to
or as required by the authorized officer. Any such structures, machinery,
equipment, tools and materials remaining on the leased lands beyond 180 days or
approved extension thereof, shall become the property of the lessor, but lessee
shall either remove any or all such property or shall continue to be liable for
the cost of removal and disposal in the amount actually incurred by the lessor.
If the surface is owned by third parties, lessor shall waive the requirement for
removal, provided the third parties do not object to such waiver. Lessee shall,
prior to the termination of bond liability or at any other time when required
and in accordance with all applicable laws and regulations, reclaim all lands
the surface of which has been disturbed, dispose of all debris or solid waste,
repair the offsite and onsite damage caused by lessee's activity or activities
incidental thereto, and reclaim access roads or trails.
Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If lessee fails to comply with
applicable laws, existing regulations, or the terms, conditions and stipulations
of this lease, and the noncompliance continues for 30 days after written notice
thereof, this lease shall be subject to cancellation by the lessor only by
judicial proceedings. This provision shall not be construed to prevent the
exercise by lessor of any other legal and equitable remedy, including waiver of
the default. Any such remedy or waiver shall not prevent later cancellation for
the same default occurring at any other time.
Sec. 12. HEIRS AND SUCCESSORS-IN-INTEREST - Each obligation of this lease shall
extend to and be binding upon, and every benefit hereof shall inure to, the
heirs, executors, administrators, successors, or assigns of the respective
parties hereto.
Sec. 13. INDEMNIFICATION - Lessee shall indemnify and hold harmless the United
States from any and all claims arising out of the lessee's activities and
operations under this lease.
Sec. 14. SPECIAL STATUTES - This lease is subject to the Clean Water Act (33
U.S.C. 1252 et. seq.), the Clean Air Act (42 U.S.C. 4274 et. seq.), and to all
other applicable laws pertaining to exploration activities, mining operations
and reclamation, including the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et. seq.).
SEC. 15. SPECIAL STIPULATIONS -
This coal lease is subject to termination if the lessee is determined at the
time of issuance to be in noncompliance with Section 2(a)2(A) of the Mineral
Leasing Act.
SEC. 15. SPECIAL STIPULATIONS (Cont'd.)-
SEE ATTACHED STIPULATIONS
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The United States of America
Canyon Fuel Company, LLC By Bureau of Land Management
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Company or Lessee Name
/s/ Jeffry N. Quinn /s/ Christopher J. Merritt
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(Signature of Lessee) (Signing Officer)
Acting Branch Chief,
Vice President and Secretary Minerals Adjudication
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(Title) (Title)
July 1, 1999 September 1, 1999
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(Date) (Date)
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Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and
willfully to make to any department or agency of the United States any false,
fictitious or fraudulent statements or representations as to any matter within
its jurisdiction.
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This form does not constitute an information collection as defined by 44 U.S.C.
3502 and therefore does not require OMB approval.
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Special Coal Lease Stipulations
Pines Tract
UTU-76195
Federal Regulations 43 CFR 3400 pertaining to Coal Management make provisions
for the Surface Management Agency, the surface of which is under the
jurisdiction of any Federal Agency other than the Department of the Interior, to
consent to leasing and to prescribe conditions to insure the use and protection
of the lands. All or part of this lease contain lands the surface of which are
managed by the United States Department of Agriculture, Forest
Service-Manti-LaSal National Forest.
The following stipulations pertain to the Lessee responsibility for mining
operations on the lease area and on adjacent areas as may be specifically
designated on National Forest System Lands.
Stipulation #1.
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Before undertaking activities that may disturb the surface of previously
undisturbed leased lands, the Lessee may be required to conduct a cultural
resource inventory and a paleontological appraisal of the areas to be disturbed.
These studies shall be conducted by qualified professional cultural resource
specialists or qualified paleontologists, as appropriate, and a report prepared
itemizing the findings. A plan will then be submitted making recommendations for
the protection of, or measures to be taken to mitigate impacts for identified
cultural or paleontological resources.
If cultural resources or paleontological remains (fossils) of significant
scientific interest are discovered during operations under this lease, the
Lessee prior to disturbance shall immediately bring them to the attention of the
appropriate authority. Paleontological remains of significant scientific
interest do not include leaves, ferns or dinosaur tracks commonly encountered
during underground mining operations.
The cost of conducting the inventory, preparing reports, and carrying out
mitigating measures shall be borne by the Lessee.
Stipulation #2.
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If there is reason to believe that Threatened of Endangered (T&E) species of
plants or animals, or migratory bird species of high Federal interest occur in
the area, the Lessee shall be required to conduct an intensive field inventory
of the area to be disturbed and/or impacted. The inventory shall be conducted by
a qualified specialist and a report of findings will be prepared. A plan will be
prepared making recommendations for the protection of these species or action
necessary to mitigate the disturbance.
The cost of conducting the inventory, preparing reports and carrying out
mitigating measures shall be borne by the Lessee.
Stipulation #3.
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The Lessee shall be required to perform a study to secure adequate baseline data
to quantify the existing surface resources on and adjacent to the lease area.
Existing data may be used if such data are adequate for the intended purposes.
The study shall be adequate to locate, quantify, and demonstrate the
interrelationship of the geology, topography, surface and groundwater hydrology,
vegetation and wildlife. Baseline data will be established so that future
programs of observation can be incorporated at regular intervals for comparison.
Stipulation #4.
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Powerlines used in conjunction with the mining of coal from this lease shall be
constructed so as to provide adequate protection for raptors and other large
birds. When feasible, powerlines will be located at least 100 yards from public
roads.
Stipulation #5.
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The limited area available for mine facilities at the coal outcrop, steep
topography, adverse winter weather, and physical limitations on the size and
design of access roads, are factors which will determine the ultimate size of
the surface area utilized for the mine. A site-specific environmental analysis
will be prepared for each new mine site development and for major improvements
to existing developments to examine alternatives and mitigate conflicts.
Stipulation #6.
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Consideration will be given to site selection to reduce adverse visual impacts.
Where alternative sites are available, and each alternative is technically
feasible, the alternative involving the least damage to the scenery and other
resources shall be selected. Permanent structures and facilities will be
designed, and screening techniques employed to reduce visual impacts, and where
possible, achieve a final landscape compatible with the natural surroundings.
The creation of unusual, objectionable, or unnatural landforms and vegetative
landscape features will be avoided.
Stipulation #7.
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The Lessee shall be required to establish a monitoring system to locate, measure
and quantify the progressive and final effects of underground mining activities
on the topographic surface, underground and surface hydrology and vegetation.
The monitoring system shall utilize techniques which will provide a continuing
record of change over time and an analytical method and measurement of a number
of points over the lease area. The monitoring shall incorporate and be an
extension of the baseline data.
Stipulation #8.
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The Lessee shall provide for the suppression and control of fugitive dust on
haul roads and at coal handling and storage facilities. On Forest Development
Roads (FDR), Lessees may perform their share of road maintenance by a
commensurate share agreement if a significant degree of traffic is generated
that is not related to their activities.
Stipulation #9.
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Except at specifically approved locations, underground mining operations shall
be conducted in such a manner so as to prevent surface subsidence that would:
(1) cause the creation of hazardous conditions such as potential escarpment
failure and landslides, (2) cause damage to existing surface structures, and (3)
damage or alter the flow of perennial streams. The Lessee shall provide specific
measures for the protection of escarpments, and determine corrective measures to
assure that hazardous conditions are not created.
Stipulation #10.
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In order to avoid surface disturbance on steep canyon slopes and to preclude the
need for surface access, all surface breakouts for ventilation tunnels shall be
constructed from inside the mine, except at specific approved locations.
Stipulation #11.
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If removal of timber is required for clearing of construction sites, etc., such
timber shall be removed in accordance with the regulations of the surface
management agency.
Stipulation #12.
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The coal contained within, and authorized for mining under this lease shall be
extracted only by underground mining methods.
Stipulation #13.
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Existing Forest Service owned or permitted surface improvements will need to be
protected, restored, or replaced to provide for the continuance of current land
uses.
Stipulation #14.
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In order to protect big-game wintering areas, elk calving and deer fawning
areas, sage grouse strutting areas, and other key wildlife habitat and/or
activities, specific surface uses outside the mine development area may be
curtailed during specified periods of the year.
Stipulation #15.
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Support facilities, structures, equipment, and similar developments will be
removed from the lease area within two years after the final termination of use
of such facilities. This provision shall apply unless the requirement of Section
10 of the lease forms is applicable. Disturbed areas and those areas previously
occupied by such facilities will be stabilized and rehabilitated, drainages
reestablished, and the areas returned to a pre-mining use.
Stipulation #16.
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The Lessee, at the conclusion of the mining operation, or at other times as
surface disturbance related to mining may occur, will replace all damaged,
disturbed or displaced corner monuments (section corners, 1/4 corners etc.),
their accessories and appendages (witness trees, bearing trees, etc.), or
restore them to their original condition and location, or at other locations
that meet requirements of the rectangular surveying system. This work shall be
conducted at the expense of the Lessee, by a professional land surveyor
registered in the State of Utah, and to the standards and guidelines found in
the Manual of Surveying Instructions, United States Department of the Interior.
Stipulation #17.
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The Lessees, at their expense, will be responsible to replace any surface water
and/or developed ground-water source identified for protection, that may be lost
or adversely affected by mining operations, with water from an alternate source
in sufficient quantity and quality to maintain existing riparian habitat,
fishery habitat, livestock and wildlife use, or other land uses (authorized by
36 CFR 251).
Stipulation #18.
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STIPULATION FOR LANDS OF THE NATIONAL FOREST SYSTEM
UNDER JURISDICTION OF
THE DEPARTMENT OF AGRICULTURE
The licensee/permitee/lessee must comply with all the rules and regulations of
the Secretary of Agriculture set forth at Title 36, Chapter II, of the Code of
Federal Regulations governing the use and management of the National Forest
System (NFS) when not inconsistent with the rights granted by the Secretary of
the Interior in the license/permit/lease. The Secretary of Agriculture's rules
and regulations must be complied with for (1) all use and occupancy of the NFS
prior to approval of a permit/operation plan by the Secretary of the Interior,
(2) uses of all existing improvements, such as Forest Development Roads, within
and outside the area licensed, permitted or leased by the Secretary of the
Interior, and (3) use and occupancy of the NFS not authorized by a
permit/operating plan approved by the Secretary of the Interior.
All matters related to this stipulation are to be addressed to:
Forest Supervisor
Manti-LaSal National Forest
599 West Price River Drive
Price, Utah 84501
Telephone: 435-637-2817
who is the authorized representative of the Secretary of Agriculture.
Stipulation #19.
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ABANDONMENT OF EQUIPMENT: The lessee/operator is responsible for compliance and
reporting regarding toxic and hazardous material and substances under Federal
Law and all associated amendments and regulations for the handling of such
materials on the land surface and in underground mine workings.
The lessee/operator must remove mine equipment and materials not needed for
continued operations, roof support and mine safety from underground workings
prior to abandonment of mine sections. Exceptions can be approved by the
Authorized Officer (BLM) in consultation with the surface management agency. Any
on-site disposal of non-coal waste must comply with 30 CFR section 817.89 and
must be approved by the regulatory authority responsible for the enforcement of
the Surface Mining Control and Reclamation Act (30 U.S.C. 1201, et seq.).
Creation of a situation that would prevent removal of such material and
equipment by retreat or abandonment of mine sections without prior authorization
would be considered noncompliance with lease terms and conditions and subject to
appropriate penalties under the lease.
All safe and accessible areas shall be inspected prior to being sealed. The
lessee shall notify the Authorized Officer in writing 30 days prior to the
sealing of any areas in the mine and state the reason for closure. Prior to
seals being put into place, the lessee shall inspect the area and certify
through documentation any equipment/machinery, hazardous substances, and used
oil that is intended to be left underground. The Authorized Officer may
participate in this inspection. The purpose of this inspection will be: (1) to
provide documentation for compliance with 42 U.S.C. 9620 section 120(h) and
State Management Rule R-315-15, and to assure that certification will be
meaningful at the time of lease relinquishment, (2) to document the inspection
with a mine map showing location of equipment/machinery (model, type of fluid,
amount remaining, batteries etc.) that is proposed to be left underground. In
addition, these items will be photographed at the lessee's expense and shall be
submitted to the Authorized Officer as part of the certification.
WASTE CERTIFICATION: The lessee shall provide on a yearly basis and prior to
lease relinquishment, certification to the lessor that, based upon a complete
search of all the operator's records for the mine and upon their knowledge of
past operations, there has been no hazardous substances defined as per (40 CFR
302.4) or used oil as per Utah State Management Rule R-315-15, deposited within
the lease, either on the surface or underground, or that all remedial action
necessary has been taken to protect human health and the environment with
respect to any such substances remaining on the property. The back-up
documentation to be provided shall be described by the lessor prior to the first
certification and shall include all documentation applicable to the Emergency
Planning and Community Right-to-know Act (EPCRA), Public Law 99-499, Title III
of the Superfund Amendments and Reauthorization Act of 1986 or equivalent.
Stipulation #20.
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Notwithstanding the approval of a resource recovery and protection plan by the
BLM, lessor reserves the right to seek damages against the operator/lessee in
the event (1) the operator/lessee fails to achieve maximum economic recovery [as
defined at 43 CFR section 3480.0-5(21)] of the recoverable coal reserves or (2)
the operator/lessee is determined to have caused a wasting of recoverable coal
reserves. Damages shall be measured on the basis of the royalty that would have
been payable on the wasted or unrecovered coal.
The parties recognize that under an approved R2P2, conditions may require a
modification by the operator/lessee of that plan. In the event a coal bed or
portion thereof is not to be mined or is rendered unminable by the operation,
the operator shall submit appropriate justification to obtain approval by the
Authorized Officer to leave such reserves unmined. Upon approval by the
Authorized Officer, such coal beds or portions thereof shall not be subject to
damages as described above. Further, nothing in this section shall prevent the
operator/lessee from exercising its right to relinquish all or a portion of the
lease as authorized by statute and regulation.
In the event the Authorized Officer determines that the R2P2 as approved will
not attain MER as the result of changed conditions, the Authorized Officer will
give proper notice to the operator/lessee as required under applicable
regulations. The Authorized Officer will order a modification if necessary,
identifying additional reserves to be mined in order to attain MER. Upon a final
administrative or judicial ruling upholding such an ordered modification, any
reserves left unmined (wasted) under the plan will be subject to damages as
described in the first paragraph under this section.
Subject to the right to appeal hereinafter set forth, payment of the value of
the royalty on such unmined recoverable coal reserves shall become due and
payable upon determination by the Authorized Officer that the coal reserves have
been rendered unminable or at such time that the lessee has demonstrated an
unwillingness to extract the coal.
The BLM may enforce this provision either by issuing a written decision
requiring payment of the MMS demand for such royalties, or by issuing a notice
of non-compliance. A decision or notice of non-compliance issued by the lessor
that payment is due under this stipulation is appealable as allowed by law.