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RN-05 2.03-16 03/22 <br /> <br />a.k.a. Rose Marie Fraizer) and Robert Barnes have granted the Operator the <br />right to use and easement along the existing access road to access the <br />Union Pacific Rail Road. The special warranty Deed is presented in Volume <br />III, Tab 1. The Wayside Farm and Cattle Company is now owned by Norton <br />Seybert Colorado Holdings, LLC. <br /> <br />Through a Surface Access Agreement dated December 8th, 2017, Kevin M <br />Keeling Revocable Trust granted the Operator permission to enter upon their <br />lands and perform activities necessary to support the Operator's coal mining <br />operation. The Memorandum of Surface Access Agreement is presented in <br />Volume III, Tab 1. <br /> <br />Through a Surface Access Agreement dated April 3rd, 2019, John and <br />Sandra George granted the Operator permission to enter upon their lands <br />and perform activities necessary to support the Operators coal mining <br />operation. The Memorandum of Surface Access Agreement is presented in <br />Volume III, Tab1. <br /> <br />Through a Surface Access Agreement dated October 27, 2011, Tamara <br />Burdzinski aka Tamara Morrell granted the Operator permission to enter <br />upon their lands and perform activities necessary to support the Operator's <br />coal mining operation. The Memorandum of Surface Access Agreement is <br />presented in Volume III, Tab 1. <br /> <br />(2) Not applicable to an underground mine. <br />(3) No response required. <br /> <br /> <br />2.03.7 Relationships to Areas Designated Unsuitable for Mining <br /> <br />(1) The permit area is not within an area designated unsuitable for surface <br />mining activities as defined in Rule 7 or 30 CFR 764 and 765, or under study <br />for designation in an administrative proceeding under Rule 7 or 30 CFR 764 <br />and 765. <br /> <br />(2) No response required. Not applicable. <br /> <br />(3) There are no occupied dwellings within 300 feet measured horizontally of the <br />surface operations or facilities.