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• 2.03.6 Right of Entry and Operation Information <br />(1) The applicant's right to utilize the surface for reclamation purposes <br />is not the subject of pending litigation. <br />The applicant does not intend to mine coal from the property, <br />therefore information regarding the Applicant's right to mine coal is <br />not pertinent to the application. <br />The documents upon which the Applicant bases its legal right to <br />conduct surface coal mining operations are as follows. <br />Access and Surface Use Agreement between Blue Ribbon Coal <br />Company and Kaiser Coal Corporation dated December 18, 1986 <br />which was assigned to MINREC, INC., by a certain Assignment <br />Agreement on February 10, 1990. Somerset Mining Company <br />ratified and consented to the assignment by a certain Ratification <br />and Consent to Assignment Agreement dated January 22, 1990. <br />Recording information for the documents upon which the Applicant <br />bases its legal right to conduct surface coal mining operations are <br />as follows: <br />Recorded in Delta County, CO. Book Page <br />Access and Surface Use Agreement 558 460 <br />Assignment Agreement 648 17 <br />Ratification and Consent to Assignment 648 20 <br />(2) The applicant has no right to mine coal at the mine site. The mine <br />has been sealed and the disturbed area reclaimed. <br />9 Rev. 12/02 <br />