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2.03.4(9) Interest in contiguous Lands <br />Maps 2.03.4-1 and 2.03.4-2 show the areas contiguous to the permit boundary <br />owned by the applicant. <br />2.03.5 Compliance Information <br />The applicant, any subsidiary, affiliate, or persons controlled by or under common <br />control with the applicant have not had a Federal or State mining permit suspended or <br />revoked in the last five years or forfeited a mining bond or similar security. Neither <br />the New Horizon North Mine nor any other operations identified in Section <br />2.03.4(4)(a) have received violations in the past three years. <br />2.03.6 Right of Entry and Operation Information <br />The area to be mined consists of three parcels located in the W % of Section 25, <br />bounded by Montrose County Roads 2600, 2650, and AA. The permit area also <br />includes corridors for a pond flume, water pump and light use road. <br />2.03.6-1 Appendix 2.03.6-1(a) through 2.03.6-1(f) at the end of this section gives 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 <br />Agreement dated August 7, 2009 between Garvey & Co., a Colorado General <br />Partnership and Western Fuels -Colorado, a Limited Liability Company. The <br />lease pertains to the surface at SW1/4, Section 25, T47N, R16W, NMPM. The <br />lease gives WFC right to enter and mine the property. Garvey & Co. has <br />subsequently changed the name to Garvey & Co. LLC. A letter informing of <br />the change is 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 <br />under W1/2SW1/4, Section 25, T47N, R16W, NMPM and (2) Addendum to <br />Escrow Purchase Agreement between Donald J. Rice and Marianna Rice <br />("Sellers") and Peabody Coal Company ("Buyer") dated 101' day of February, <br />1992 where Peabody, with Sellers' consent, transferred its rights to the assets <br />to Western Fuels -Colorado, A Limited Liability Company. <br />Section 2.03 Page 2.03-13 December 2018 (MR -26) <br />