5600-FM-BMP0031 10/2013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF MINING PROGRAMS NOTICE OF PRIOR LEASES (NONCOAL) I (We), the undersigned, being the lessee(s) of acres of land located in Township, County, as described in the lease recorded in the Recorder of Deeds Office at Book on page , and shown by crosshatched lines on the map attached hereto which is signed in the original by the lessee(s) upon which (I) (we) propose to engage in noncoal surface mining activities for which application for permit will be made to the Department of Environmental Protection, and this Notice of Prior Leases is made part of the permit application, DO HEREBY STATE AND CERTIFY (I) (WE) HAVE THE RIGHT TO ENTER UPON AND USE THE LAND FOR THE PURPOSES OF CONDUCTING SURFACE MINING ACTIVITIES. Furthermore, notice is hereby given as provided for in Section 7(c)(7) of the Noncoal Surface Mining Conservation and Reclamation Act, the Act of December 19, 1984 (52 P.S. §§3301-3326), that a Contractual Consent of Landowner Agreement covering this area is unnecessary. Furthermore, (I) (We), the undersigned, do hereby irrevocably grant to the Commonwealth of Pennsylvania, the right to enter upon the aforesaid land for purposes of inspecting, studying, backfilling, planting and reclaiming the land and abating pollution in accordance with the provisions of the Noncoal Surface Mining Conservation and Reclamation Act, The Clean Streams Law, and The Coal Refuse Disposal Act, as amended, rules and regulations promulgated thereunder, and the provisions of permit(s) issued to the Mining Operator. (I) (We) do hereby certify, where necessary, that the above grant of access includes the right to travel from a public right of way across any contiguous or adjacent lands to the land described herein. It is specifically agreed and understood that this grant of Right of Entry gives the Commonwealth the right to enter, inspect, study, backfill, plant and reclaim the land and abate pollution therefrom as a matter within the police power but does not obligate the Commonwealth to do so, and does not constitute any ownership interest by the Commonwealth in the aforesaid land. This notice of Prior Leases and Grant of Right of Entry to the Commonwealth shall not be construed to impair any contractual agreement between the Mine Operator and the landowner. Describe the Chain of Title from the current lessee back to the next to the most recent owner of the land in fee simple. If necessary, complete the Chain of Title on an attachment to this form. A Certificate of Title and a copy of the lease providing for the Right of Entry (is) (was) submitted to the Department as part of the permit application. The termination date of the lease is . In witness whereof and intending to legally bind (myself) (ourselves), (my) (our) heirs, successors and assigns, (I) (we) have hereunto set (my) (our) hand(s) and seal this day of , 20 . Permittee By: (Print Name) (Print Name) (Seal) (Signature) By: (Signature) -1- 5600-FM-BMP0031 10/2013 ACKNOWLEDGEMENT OF INDIVIDUALS OR PARTNERS PERMITTEE STATE OF : : : COUNTY OF On ss , before me, the undersigned Notary, personally appeared (Name (s)) known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument, and who acknowledged that (he, she or they) executed the same and desires it to be recorded. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. (SEAL) My Commission Expires: Notary Public (Date) PERMITTEE STATE OF : : : COUNTY OF On ss , before me, the undersigned Notary, personally appeared (Name (s)) known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument, and who acknowledged that (he, she or they) executed the same and desires it to be recorded. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. (SEAL) My Commission Expires: Notary Public (Date) ACKNOWLEDGEMENT OF CORPORATIONS PERMITTEE STATE OF : : : COUNTY OF On ss , before me, the undersigned Notary, personally appeared , who acknowledged (herself) (himself) to be the of (Title of Person) ,a (Name of Corporation) corporation, and that (she) (he), as such officer, being authorized to do so, executed the foregoing instrument on behalf of the said corporation and desires that this instrument be recorded. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. (SEAL) My Commission Expires: Notary Public (Date) This instrument has been recorded in County, Pennsylvania, this day of , (year), at Book , Page(s) (Signed) + (Print Name) (Seal) -2- .