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<br />Section 2.03 Page 10 January 2026 (MR-139) <br /> <br /> <br /> <br />2.03.4(8) Mine Name & MSHA ID <br /> <br />The mine name is New Horizon Mine. MSHA terminated jurisdiction of the New Horizon Mine <br />on April 4, 2024. <br /> <br />2.03.4(9) Surface and Mineral Ownership Contiquous to the Permit Area <br /> <br />Maps 2.03.4-1 and 2.03.4-2 show the surface and mineral ownership contiguous to the permit <br />boundary. <br /> <br />2.03.5 Compliance Information <br /> <br />The applicant, subsidiaries, affiliates, or persons controlled by or under common control with the <br />applicant have not had a Federal or State mining permit suspended or revoked in the last five <br />years or forfeited a mining bond or security. Once notice of violation has occurred in the past <br />three years for the operations identified in Section 2.03.4(4)(a). Colowyo Coal Company L.P. <br />received NOV-2022-001 on October 4, 2022. <br /> <br />2.03.6 Right of Entry and Operation Information <br /> <br />2.03.6(1) Attachment 2.03.6-1 presents information where Peabody transferred its rights to <br />all lease agreements, property deeds to mine coal and rights-of-way agreements to <br />Western Fuels-Colorado, a Limited Liability Company (WFC). On May 11, 2016, <br />Elk Ridge Mining and Reclamation, LLC (Elk Ridge) took over ownership of the <br />New Horizon Mine from WFC. Also included in Attachment 2.03.6-1 is the Tri- <br />State board resolution approving the transfer of WFC to Elk Ridge. This <br />document provides Elk Ridge the right of entry to the mine area. None of the <br />rights acquired under any of these documents is the subject of pending litigation. <br /> <br />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br /> <br />2.03.7(1) Unsuitable Designation Status <br /> <br />A determination was made under the criteria set forth in Section 7.05 that no lands be designated <br />unsuitable for mining at the New Horizon Mine. Furthermore, the Office of Mined Land <br />Reclamation, in the "The Nucla Mine (C-1981-0081) Proposed Decision and Findings of <br />Compliance", January 1983, found that "no Alluvial Valley Floors existed in either the mine <br />area or the potentially affected area associated with New Horizon Mine." New Horizon Mine is <br />unaware of the availability of any information which indicates that any portion of the New <br />Horizon Mine property has been or is under consideration or study for designation as land <br />unsuitable for mining.