2022-11-17_PERMIT FILE - C1981012

• Permit No: C1981012
• IBM Index Class Name: Permit File
• Doc Date: 11/17/2022
• Section_Exhibit Name: Section 2.03 Legal, Financial, Compliance and Related Information
• Media Type: D
• Archive: No

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Section 2.03 MR-132 11/16/2022
The right of entry and operation lease information documents that are contained as part of
Exhibit 34 contain the following:
 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 by MSHA. The disturbance for this haul road will 4.91 acres. Map 11-5 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
for surface coal mining operations or under study for such designation. NECC
does not intend to conduct surface mining activities or to conduct or locate
surface operations or facilities within 300 feet of an occupied dwelling.
2.03.8 PERMIT TERM INFORMATION
(1) Does not apply
(2) During the next five year permit term, beginning in February 2019 and
ending in February 2024, the operator conducting mining operations as