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designs, in compliance with the requirements of Rule 2.05.3(4)(d), so as to conform <br />to the on -the -ground construction. WFC was assessed and paid a civil penalty of <br />$500. <br />2.03.6 Right of Entry and Operation Information <br />The area to be mined consists of three parcels located in the W '/2 of Section 25, <br />bounded by Montrose County Roads Z, 2600, AA, and 2650. The permit area also <br />includes an equipment corridor connecting the NHN permit area to the New <br />Horizon Mine permit area. <br />2.03.6-1 Appendix 2.03.6-1(a) through 2.03.6-1(f) at the end of this section give the <br />following information to evidence right of entry for mining: <br />1. Appendix 2.03.6-1(a). Memorandum of Surface Lease and Purchase Agreement <br />dated August 7, 2009 between Garvey & Co., a Colorado General Partnership <br />and Western Fuels -Colorado, a Limited Liability Company. The lease pertains <br />to the surface at SWI/4, Section 25, T47N, R16W, NMPM. The lease gives <br />WFC right to enter and mine the property. Garvey & Co. has subsequently <br />changed the name to Garvey & Co. LLC. A letter informing of the change is <br />attached behind the lease agreement. <br />2. Appendix 2.03.6-1(b). This Appendix includes two documents; (1) <br />Memorandum of Escrow Purchase Agreement dated June 27, 1978 between <br />Donald J. Rice and Marianna Rice ("Sellers") and Peabody Coal Company <br />("Buyer"). Under this agreement Sellers sold to Buyer their rights to coal under <br />W1/2SW1/4, Section 25, T47N, R16W, NMPM and (2) Addendum to Escrow <br />Purchase Agreement between Donald J. Rice and Marianna Rice ("Sellers") <br />and Peabody Coal Company ("Buyer") dated 10`h day of February, 1992 where <br />Peabody, with Sellers' consent, transferred its rights to the assets to Western <br />Fuels -Colorado, A Limited Liability Company. <br />3. Appendix 2.03.6-1(c). Correction Special Warranty Deed dated November 8, <br />1995 from San Miguel Power Association to WFC for the property at <br />E1/2SW1/4, Section 25, T47N, R16W, NMPM. <br />4. Appendix 2.03.6-1(d). Warranty Deed between Thomas M. Meehan & Peggy <br />Jo Meehan and Western Fuels -Colorado, LLC <br />Section 2.03 Page 2.03-15 September 2016 (SO -01) <br />