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• 2.03.6 Right of Entry and Operation Information <br />(1) The applicant's right to utilize the surface for reclamation purposes is <br />not the subject of pending litigation. <br />The applicant does not intend to mine coal from the property, <br />therefore information regarding the Applicant's right to mine coal is not <br />pertinent to the application. <br />The documents upon which the Applicant bases its legal right to <br />conduct surface coal mining operations are as follows. <br />Mine: <br />Access and Surface Use Agreement dated December 20, 1990, <br />between North Thompson -Four Mile Mineral and Land Corporation <br />and MINREC, INC., recorded in the Pitkin County records in Book638 <br />at Page 894 and in the Garfield County records in Book 797 at Page <br />265. <br />This Access and Surface Use Agreement grants MINREC, INC., all <br />• rights of access and use of the surface property necessary to <br />complete reclamation and obtain bond release. <br />The surface property covered by the Access and Surface Use <br />Agreement is described as follows: <br />Township 8 South Range 89 West 6th P.M. <br />Section 34: S /2NE /4 <br />Section 35: NW /4, W /2NE /4 <br />Containing approximately 320 acres in Pitkin County, Colorado. <br />• <br />2 -7 05/10 <br />