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2.03.6 RIGHT OF ENTRY AND OPERATION INFORMATION <br />NECC's right of entry to conduct coal mining operations is not subject to any pending litigation. <br />NECC's right of entry is based on its ownership of North Central Energy. North Central Energy <br />owns the coal under the permit boundary. NECC has the right to occupy the surface over the <br />coal owned by North Central Energy. <br />The Special Warranty Deed evidencing North Central Energy Company's mineral ownership is <br />recorded in Book 830, Page 619 of the Las Animas County Recorder's office. The deed is <br />available for public inspection at the County Recorder's office located in the Las Animas County <br />Courthouse, Trinidad, CO. <br />There is no purchaser of record under a real estate contract of the areas to be affected by surface <br />operations and any there is no purchaser of record under a real estate contract of the coal to be <br />mined. <br />2.03.7 RELATIONSHIPS TO AREAS DESIGNATED <br />UNSUITABLE FOR MINING <br />(1) The permit area is not within an area designated unsuitable for surface mining activities <br />as defined in Rule 7 or 30 CFR 764 and 765, or under study for designation in an <br />administrative proceeding under Rule 7 or 30 CFR 764 and 765. <br />(2) No response required. Not applicable. <br />(3) There are no occupied dwellings within 300 feet measured horizontally of the surface <br />operations or facilities. <br />TR -57 2.03 -10 Revised 08/15/12 <br />