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New Elk Coal Company LLC was issued NOV CV- 2008 -008 on August 22, 2013 for <br />failure to maintain ditches, culverts, and berms in compliance with the approved design <br />(Rule 2.07.7(7)). The violation was terminated November 7, 2013. <br />New Elk Coal Company LLC was issued NOV CV- 2008 -009 on November 22, 2013 for <br />failure to construct and maintain the RDA upland diversion ditch in compliance with the <br />approved design (Rule 2.07.7(7)). Termination subject to approval of TR -69. <br />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 <br />litigation. NECC's right -of -entry is based on an exclusive use agreement with the <br />Colorado Division of Wildlife granting access to the permit area surface disturbance for <br />completion of reclamation. NECC has acquired North Central Energy Company (NCE) <br />and the right to the NCE lease to Basin Resources for coal properties within the permit <br />area and the exclusive use lease with the Colorado Division of Wildlife. <br />The Special Warrantee Deed evidencing North Central Energy Company's mineral <br />ownership is recorded in Book 830< Page 619 of the Las Animas County Recorder's <br />office. The deed is available for public inspection at the County Recorder's office <br />located in the Las Animas County Courthouse, Trinidad, Colorado. <br />All owners of record of all surface and subsurface areas which are contiguous to the <br />Golden Eagle permit application, or will be affected by the surface operations and <br />facilities incident to the Golden Eagle underground mining activities are shown on Map <br />1, Surface Ownership and Map 2 Coal Ownership and further identified on Attachments <br />IA and 2A enclosed with Maps 1 and 2. <br />There are no purchases of record under a real estate contract for property overlying areas <br />that NECC's mining activities will affect during the next five years. <br />2.03.7 RELATIONSHIP TO AREAS DESIGNATED <br />UNSUITABLE FOR MINING <br />The proposed permit area is not located within an area designated unsuitable for surface <br />coal mining or under study for such designation. <br />NECC does not intend to conduct surface mining activities or locate surface operations or <br />facilities within 300 feet of an occupied dwelling. <br />2.03.8 PERMIT TERM INFORMATION <br />Life of the operation is 5 years. <br />RN -06 2.03 -6 (Revised 2014- 04 -21) <br />