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2.03.6 RIGHT OF ENTRY AND OPERATION INFORMATION <br />• NECC's right of entry and conduct coal mining operations is not subject to any pending <br />litigation. NECC and its lessors own the surface and coal and surface within the permit <br />area. Map 1 shows the surface ownership in and adjacent to the permit area. <br />NECC does not own or control any other mining operations. Exhibit 33 contains <br />information relating to Officers and Directors of New Elk Coal Company LLC and <br />controlling interest in coal mining operations. <br />Surface ownership within the permit boundary is owned by: <br />Picketwire Processing, LLC. State of Colorado, Dept. Natural Resources <br />4422 Bryan Station Road Division of Wildlife & Wildlife Comm. <br />Lexington, KY 40516 6060 Broadway <br />Denver, CO 80216 <br />Coal Ownership (Allen Seam) within the permit area is owned by: <br />New Elk Coal Company <br />1204 Main Street <br />Goodland, Kansas 67735 <br />• There are no purchases of record under a real estate contract for property overlying areas <br />that NECC's mining activities will affect during the next five years. <br />2.03.7 RELATIONSHIP TO AREAS DESIGNATED <br />UNSUITABLE FOR MINING <br />The proposed pemut area is not located within an area designated unsuitable for surface <br />coal mining or under study for such designation. <br />NECC does not intend to conduct surface mining activities or locate surface operations or <br />facilities within 300 feet of an occupied dwelling. <br />2.03.8 PERMIT TERM INFORMATION <br />Life of the operation is 20 years. <br />2.03.9 PERSONAL INNRY AND PROPERTY DAMAGE <br />INSURANCE INFORMATION <br />NECC has been issued a certificate of insurance for personal liability. This certification <br />• has been placed in Exhibit 3. <br />TR-49 2.03-6 (Revised 4/1/06) <br />