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begin surface mining activities. They further specifically identify the type and date <br />of execution, specific lands to which each document pertains, and explain the legal <br />rights held by Peabody. <br />Attachment 2.03.6-1 presents information where Peabody transferred its rights to <br />all the lease agreements, property deeds to mine coal and rights-of-way <br />agreements to Western Fuels -Colorado, a Limited Liability Company (WFC). On <br />May 11, 2016, Elk Ridge Mining and Reclamation, LLC (Elk Ridge) took over <br />ownership of the New Horizon Mine from WFC. Also included in Attachment <br />2.03.6-1 is the Tri-State board resolution approving the transfer of WFC to Elk <br />Ridge. This document provides Elk Ridge the right of entry to the mine area. <br />None of the rights acquired under any of these documents is the subject of pending <br />litigation. <br />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br />2.03.7(1) Unsuitable Designation Status. <br />A determination was made under the criteria set forth in Section 7.05 that no lands <br />be designated unsuitable for mining at the New Horizon Mine. Furthermore, the <br />Office of Mined Land Reclamation, in the "The Nucla Mine (C-1981-0081) <br />Proposed Decision and Findings of Compliance", January 1983, found that "no <br />Alluvial Valley Floors existed in either the mine area or the potentially affected <br />area associated with New Horizon Mine." <br />New Horizon Mine is unaware of the availability of any information which <br />indicates that any portion of the New Horizon Mine property has been or is <br />under consideration or study for designation as land unsuitable for mining. <br />2.03.7(2) Legal and Financial Commitments. <br />New Horizon Mine has a contractual obligation to supply coal from the New <br />Horizon 2 Mine to the Nucla Power Generating Station owned by Tri-State <br />Generation & Transmission. <br />2.03.7(3) Ownership Waivers. <br />There are five occupied dwellings within 300 feet of the actual mining <br />disturbance from 1993 to the present located within the New Horizon 2 permit <br />area. There are no occupied dwellings within 300 feet of the projected mining <br />disturbance from the present to end of the renewed permit period (May 26, <br />August 2016 (SO -02) 2.03-18 <br />