2022-08-25_PERMIT FILE - C1981012A

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9 Section 2.03 TR-76 7/25/2022 Point Bearing Distance (Feet) 23 N86°0'0"W for 600 then 24 S57°57'15"W for 1025.5 then 25 S26°0'0"E for 700 then 26 S66°0'0"E for 1000 then 27 S88°24'43"W for 736.1 then 28 S66°0'0"W for 600 then 29 S80°8'56"W for 1049.7 then 30 S81°30'0"W for 1650 then 31 N25°30'0"W for 200 then 32 S75°0'0"W for 420 then 33 S7°0'0"W for 1500 then 34 N86°0'0"E for 900 then 35 N4°30'0"E for 700 then 36 N90°0'0"E for 800 then 37 S66°30'0"W for 650 then 38 S4°30'0"W for 400 then 39 N72°30'0"E for 650 then 40 S12°0'0"E for 396.8 then 41 S76°45'19"W for 1331 then 42 S83°5'24"W for 3056.5 then 43 S83°59'12"W for 376.7 then 44 S86°0'46"W for 1091.46 to point of start The right of entry and operation lease information documents that are contained as part of Exhibit 34 contain the following:  Metes and bounds for the haul road for TR-76  May 2008 – Quitclaim Deed from Trinidad Railway Holding, LLC and New Elk Coal Company  July 11, 2012 – Application for Temporary Special Use Agreement on CDOW Lands  March 14, 2008 – Coal mining lease information between the State of Colorado acting by and through the Department of Natural Resources, for use and benefit of the Division of Wildlife and Wildlife Commission and NECC  June 1, 1997 – Quitclaim Deed from North Central Energy, Inc and Picketwire Processing, LLC  Details of Exhibit 34 include that the mineable coal within the permit boundary is owned by the State of Colorado acting by and through the Department of Natural Resources for the use and benefit of the Division of Parks and Wildlife. NECC signed a quitclaim deed in May 2008 with Trinidad Holding, LLC. The purpose of doing this was to utilize the rail bed (TR-76) as a haul road which is approximately 2.7 miles in length and will be constructed on the existing rail bed and no new disturbance outside of the existing rail bed will be necessary for the construction and operation of the road. The road will be a maximum of 15 feet wide and have the necessary berms as required be MSHA. The permitted and affected area is 11.3 acres and the disturbed area is 6.4 acres for this haul road. Map 15A shows the location of the road. NECC signed a temporary use agreement with the Colorado Division of Parks and Wildlife in order to be able to install a culvert necessary to relieve flow from the upper diversion ditch for DWDA #3. NECC leases the Jansen Loadout facility for coal shipments. Right of entry information for the loadout site can be found in Exhibit 40. There are no purchases of record under real estate contract for property overlying areas that NECC's mining activities will affect during the next five years. The New Elk Mine Workings are owned by NECC and Map 2 illustrates the coal ownership. 2.03.7 RELATIONSHIP TO AREAS DESIGNATED UNSUITABLE FOR MINING The proposed permit area is not located within an area designated unsuitable