2019-07-24_PERMIT FILE - C2010089A (2)

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3. Appendix 2.03.6-1(c). Correction Special Warranty Deed dated November 8, 1995 from San Miguel Power Association to WFC for the property at E1/2SW1/4, Section 25, T47N, R16W,NMPM. 4. Appendix 2.03.6-1(d). Warranty Deed between Thomas M. Meehan & Peggy Jo Meehan and Western Fuels-Colorado, LLC 5. Appendix 2.03.6-1(f). Quitclaim Deed dated 16th day of October, 2002 between San Miguel Power Association, Inc. (SMPA) and Western Fuels- Colorado. Under this agreement SMPA sold to WFC the property in NW1/4 and W1/2NE1/4, Section 36, T47N, R16W,NMPM. None of the above referenced rights is the subject of pending litigation. 2.03.6-2 Severance of Minerals Estate The surface and the minerals are owned separately in SWI/4 of Section 25, Garvey & Co. LLC owns the surface. NHN right of entry for this surface is given in Appendix 2.03.6-1(a). The coal under this surface is owned by NHN as evidenced in Appendix 2.03.6-1(b) and 2.03.6-1(c). 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 NHN. Furthermore, no Alluvial Valley Floors exists in the mine area or the potentially affected area associated with NHN. NHN is unaware of the availability of any information which indicates that any portion of NHN property has been or is under consideration or study for designation as land unsuitable for mining. 2.03.7(2) Legal and Financial Commitments Not applicable. 2.03.7(3) Ownership Waivers Mining activities are proposed to occur within 300 feet of a dwelling west of the permit boundary on the Garvey Bros. Land & Cattle Co. property. However, since this is an unoccupied dwelling, no waiver is required. Section 2.03 Page 2.03-14 May 2019 (TR-20)