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2.03.6 RIGHT OF ENTRY AND OPERATION INFORMATION <br />NECC's right to enter and conduct coal mining operations is not subject to any pending <br />litigation. Lorencito Coal Company, LLC (LCC) has leased its right to conduct coal <br />mining operations to NECC; Coal ownership is leased to A.P. Maxwell by the <br />landowners (Exhibit 2). This lease has been assigned to LCC. Exhibit 2 provides the <br />lease agreement of the landowner and A. P. Maxwell and LCC and NECC. Assignments <br />of the A.P. Maxwell lease are listed below. <br />1. Lessor's consent of assignment of interests as recorded at the offices of the Las <br />Animas County Clerk on October 1, 1996, Reception Number 620720, Book 935, <br />Page 120. <br />2. Assignment of 50 percent interest from A.P. Maxwell to Taiheiyo (U.S.A.), Inc. <br />as recorded at office of the Las Animas County Clerk on October 1, 1996, <br />Reception Number 620723, Book 935, Page 128. <br />3. Assignment of 50 percent interest from A.P. Maxwell to Lorencito Coal <br />Company, LLC, as recorded at the office of the Las Animas County Clerk on <br />October 1, 1996, Reception Number 620722, Book 935, Page 123. <br />4. Assignment of 50 percent interest from Taiheiyo (U.S.A.), Inc. to Lorencito Coal <br />Company, LLC, as recorded at the office of the Las Animas County Clerk on <br />October 1, 1996, Reception Number 620721, Book 935, Page 126. <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 to conduce or locate <br />surface operations or facilities within 300 feet of an occupied dwelling, public building, <br />school, church, community building, institutional building, public park, or on lands <br />within 100 feet of a cemetery. <br />2.03.8 PERMIT TERM INFORMATION <br />Operation is in final reclamation. A fourth five year permit term began November 7, <br />2004. <br />2.03.9 PERSONAL INJURY AND PROPERTY DAMAGE <br />INSURANCE INFORMATION <br />NECC has been issued a certificate of insurance for personal liability. This certification <br />has been placed in Exhibit 3. <br />MT4 2.03-10 (Revised 2016-11-01) <br />