2019-01-17_PERMIT FILE - C1981008A ‎(6)‎

• Permit No: C1981008A
• IBM Index Class Name: Permit File
• Doc Date: 1/17/2019
• Doc Name: Legal, Financial, Compliance and Related Information
• Section_Exhibit Name: Section 2.03 Legal, Financial, Compliance & Related Information
• Media Type: D
• Archive: Yes

2.03.4(8) The mine name is New Horizon Mine and the MSHA ID number is 05-00299.
2.03.4(9) Maps 2.03.4-1 and 2.03.4-2 show the areas contiguous to the permit boundary
owned by the applicant.
2.03.5 Compliance Information
The applicant, subsidiaries, affiliates, or persons controlled by or under common
control with the applicant have not had a Federal or State mining permit
suspended or revoked in the last five years or forfeited a mining bond or security.
Neither New Horizon Mine nor the operations identified in Section 2.03.4(4)(a)
have received any violations in the past three years.
2.03.6 Right of Entry and Operation Information
2.03.6(1) Attachment 3-11 of the New Horizon 1 Mine Reclamation Permit presents
information concerning the lease agreements or property deeds to mine coal and
rights-of-way agreements to enter the mine area. This information describes the
legal rights under which Peabody, the previous owner, was permitted to enter and
begin surface mining activities. They further specifically identify the type and date
of execution, specific lands to which each document pertains, and explain the legal
rights held by Peabody.
Attachment 2.03.6-1 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 (WFC). On
May 11, 2016, Elk Ridge Mining and Reclamation, LLC (Elk Ridge) took over
ownership of the New Horizon Mine from WFC. Also included in Attachment
2.03.6-1 is the Tri-State board resolution approving the transfer of WFC to Elk
Ridge. This document provides Elk Ridge the right of entry to the mine area.
None of the rights acquired under any of these documents is the subject of pending
litigation.
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)
Section 2.03 Page 14 August 2018 (TR -85)