_PERMIT FILE - C2010089A

• Permit No: C2010089A
• IBM Index Class Name: Permit File
• Doc Name: Legal, Financial, & Compliance and Related Information
• Section_Exhibit Name: Section 2.03
• Media Type: D
• Archive: Yes

Section 2.03 Page 2.03-12 December 2021 (RN-02)
65. Bortles (2/3 Interest), Ubel (1/3 Interest)

67. David & Sylvia Chiles

2.03.4(8) Name of Mine. MSHA ID.

The name of the mine is New Horizon North Mine. The MSHA ID is 05-00299.

2.03.4(9) Interest in contiguous Lands

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, any subsidiary, affiliate, 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 similar security. Neither
the New Horizon North Mine nor any other operations identified in Section
2.03.4(4)(a) have received violations in the past three years.

2.03.6 Right of Entry and Operation Information

The area to be mined consists of three parcels located in the W ½ of Section 25,
bounded by Montrose County Roads 2600, 2650, and AA. The permit area also
includes corridors for a pond flume, water pump and light use road.

2.03.6-1 Appendix 2.03.6-1(a) through 2.03.6-1(f) at the end of this section gives the
following information to evidence right of entry for mining:

1. Appendix 2.03.6-1(a). Memorandum of Surface Lease and Purchase
Agreement dated August 7, 2009 between Garvey & Co., a Colorado General
Partnership and Western Fuels-Colorado, a Limited Liability Company. The
lease pertains to the surface at SW1/4, Section 25, T47N, R16W, NMPM. The
lease gives WFC right to enter and mine the property. Garvey & Co. has
subsequently changed the name to Garvey & Co. LLC. A letter informing of
the change is attached behind the lease agreement.

2. Appendix 2.03.6-1(b). This Appendix includes two documents; (1)
Memorandum of Escrow Purchase Agreement dated June 27, 1978 between
Donald J. Rice and Marianna Rice (“Sellers”) and Peabody Coal Company