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Additionally, Wayside Farm & Cattle Company, Inc. (Rose Marie Williams <br />a.k.a. Rose Marie Fraizer) and Robert Barnes have granted the Operator the <br />right to enter upon their property, permitted or otherwise, for the purposes of <br />the construction, operation and maintenance of the unit train loadout. The <br />letters documenting the agreements are presented in Volume III, Tab 1. The <br />Wayside Farm and Cattle Company is now owned by Norton Seybert <br />Colorado Holdings, LLC. <br />Through a Surface Access Agreement dated November 15, 2011, Turkey <br />Track, LLC granted the Operator permission to enter upon their lands and <br />perform activities necessary to support the Operator's coal mining operation. <br />The Memorandum of Surface Access Agreement is presented in Volume III, <br />Tab 1. <br />Through a Surface Access Agreement dated October 27, 2011, Tamara <br />Burdzinski aka Tamara Morrell granted the Operator permission to enter <br />upon their lands and perform activities necessary to support the Operator's <br />coal mining operation. The Memorandum of Surface Access Agreement is <br />presented in Volume III, Tab 1. <br />(2) Not applicable to an underground mine. <br />(3) No response required. <br />2.03.7 Relationships to Areas Designated Unsuitable for Mining <br />(1) The permit area is not within an area designated unsuitable for surface <br />mining activities as defined in Rule 7 or 30 CFR 764 and 765, or under study <br />for designation in an administrative proceeding under Rule 7 or 30 CFR 764 <br />and 765. <br />(2) No response required. Not applicable. <br />(3) There are no occupied dwellings within 300 feet measured horizontally of the <br />surface operations or facilities. <br />PR -14 2.03 -16 03/14 <br />