2016-08-24_PERMIT FILE - C1981008A ‎(3)‎

• Permit No: C1981008A
• IBM Index Class Name: Permit File
• Doc Date: 8/24/2016
• Doc Name: Legal, Financial, Compliance and Related Information
• Section_Exhibit Name: Section 2.03 Legal, Financial, Compliance & Related Information
• Media Type: D
• Archive: Yes

Attachment 2.03.6-1 at the end of this section presents information where Peabody
transferred its rights to all the lease agreements, property deeds to mine coal and
rights-of-way agreements to Western Fuels -Colorado, a Limited Liability Company.
None of the rights acquired under any of these documents is the subject of pending
litigation. This Attachment also includes documents evidencing WFC's right to mine
the additional lands.
2.03.7 Relationship to Areas Designated Unsuitable for Mining
2.03.7(1) Unsuitable Designation Status. A determination was made under the criteria set
forth in Section 7.05 that no lands be designated unsuitable for mining at the New
Horizon Mine. Furthermore, the Office of Mined Land Reclamation, in the "The
Nucla Mine (C-1981-0081) Proposed Decision and Findings of Compliance",
January 1983, found that "no Alluvial Valley Floors existed in either the mine
area or the potentially affected area associated with New Horizon Mine."
WFC is unaware of the availability of any information which indicates that any
portion of the New Horizon Mine property has been or is under consideration or
study for designation as land unsuitable for mining.
2.03.7(2) Legal and Financial Commitments. WFC has a contractual obligation to supply
coal from the New Horizon 2 Mine to the Nucla Power Generating Station owned by
Tri-State Generation & Transmission.
2.03.7(3) Ownership Waivers. There are five occupied dwellings within 300 feet of
the actual mining disturbance from 1993 to the present located within the New
Horizon 2 permit area. There are no occupied dwellings within 300 feet of the
projected mining disturbance from the present to end of the renewed permit
period (May 26, 2008). Copies of waivers from the owners of these dwellings
consenting to mining operations are included as Attachment 2.03.7-1.
2.03.8 Permit Term Information
WFC has applied to DRMS for modifications in the permit boundary. Additional
area added to the New Horizon 2 area will result in a total area of 830.27 acres.
A legal description of the New Horizon 2 revised permit boundary is included in
Attachment 2.03.8-1.
2.03.9 Personal Injury and Property Damage Insurance Information
This information is included as Attachment 2.03.9-1.
January 2016 (MR -96) 2.03-15