0001047469-08-008933 Sample Contracts

STATE OF MONTANA COAL LEASE
Cloud Peak Energy Inc. • August 8th, 2008

THIS LEASE, is made an entered into between the State of Montana, by and through its lawfully qualified and acting Board of Land Commissioners, hereinafter referred to as "Lessor", and

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STATE OF WYOMING COAL MINING LEASE
Cloud Peak Energy Inc. • August 8th, 2008

THIS INDENTURE OF LEASE ENTERED INTO THIS 2nd day of May, 2004, A.D. by and between the STATE OF WYOMING, acting by and through its Board of Land Commissioners (Board), party of the first part, hereinafter called the lessor, and

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Cloud Peak Energy Inc. • August 8th, 2008

Form 3400-12 (August 2002) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COAL LEASE FORM APPROVED OMB NO. 1004-0073 Expires: December 31, 2003 Serial Number WYW151643

STATE OF MONTANA COAL LEASE RENEWAL Lease No. C-1088-05
Cloud Peak Energy Inc. • August 8th, 2008

This indenture of lease, made and entered into between the State of Montana, by and through its lawfully qualified and acting State Board of Land Commissioners, hereinafter referred to as "Lessor", and the person, company or corporation herein named, hereinafter referred to as "Lessee", under and pursuant to the authority granted Lessor by the terms and provisions of Section 77-3-301, et seq., MCA, all acts amendatory thereof and supplementary thereto, and all rules adopted pursuant thereto, is for the purpose of renewing State of Montana Coal Lease No. C-1088-95.

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Cloud Peak Energy Inc. • August 8th, 2008

Form 3400-12 (November 1998) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT FORM APPROVED OMB NO. 1004-0073 Expires: October 31,2000

Serial Number MTM 88405 Form 3400-12 (November 1998) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COAL LEASE
Mitigation Agreement • August 8th, 2008 • Cloud Peak Energy Inc. • Montana
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Cloud Peak Energy Inc. • August 8th, 2008

United States Department of the Interior Bureau of Land Management Wyoming State Office Coal Lease Readjustment Serial Number WYW23929 Date Lease Issued February 1, 1971

Form 3400-12 (April 2007) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COAL LEASE DEPT. OF INTERIOR BUR. OF LAND MANAGEMENT 2007 JUL 20 AM 10 37 RECEIVED MONTANA STATE OFFICE BILLINGS MONTANA FORM APPROVED OMB NO. 1004-0073...
Cloud Peak Energy Inc. • August 8th, 2008

At least seven other active prairie falcon territories and 14 viable prairie falcon nests were documented within 12 miles of PF1b in 1989 (DCC Unpublished data). A fixed-wing aerial raptor survey conducted for the BLM in 2004 covering approximately 3,209,408 acres in Bighorn County, of which SCCC ownership was included, did not identify any new or active prairie falcon nests within the targeted survey area (Greystone, 2004). It is acknowledged that it is difficult to determine the status of prairie falcon nests during fixed-wing aerial surveys. Two other active prairie falcon territories were documented within 12 miles of PF1b in 2006, although surveys of the entire area were not conducted. Recent comprehensive territory/nest status surveys have not been conducted over the entire 12:-mile area.

DECKER COAL COMPANY
Company Agreement • August 8th, 2008 • Cloud Peak Energy Inc. • Montana

THIS AGREEMENT, made as of the first day of September, 1970, by and among Western Minerals, Inc., an Oregon Corporation, hereinafter referred to as "Western"; Wytana, Inc., a Delaware corporation, hereinafter referred to as "Wytana"; Montana Royalty Company, Ltd. (a limited partnership between Resource Development Co., Inc., a Washington Corporation, and Rosebud Coal Sales Company, Wyoming Corporation, as general partners, Peter Kiewit Sons' Co., a Nebraska Corporation, and Big Horn Construction Company, a Wyoming Corporation, as limited partners); and Peter Kiewit Sons', Inc., a Nebraska Corporation:

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