2008-10-03_PERMIT FILE - C1982056A (6)

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Colorado Lease No. CO-3229 (as amended and restated) • TSN, R86W, Sixth P.M. Section 18: all TSN, R87W, Sixth P.M. Section 13: S/2 Western Slope Mineral Company, LLC Lease -Memorandum of Underground Coal Mining Lease between Western Slope Minerals, LLC and Twentymile Coal Company (assigned to NRC-CO 1, LLC on 06/13/08), with an effective date of December 27, 2006. Township 5 North, Range 86 West, 6th P.M. Section 19: Those portions of Tracts 39 and 40 which lie in Section 19 Township 4 North, Range 87 West. 6th P.M. Section 11: Lots 1, 2, S'hNE'/o Section 12: Lot 4, SW%NW'/ Township 5 North, Range 87 West, 6th P.M. Section 23: All Section 24: All, including those portions of Tracts 39 and 40 which lie in Section 24 Section 25: W'hE'/z, W'h Section 26: All Section 27: E''/ZE'h Section 34: E'hNE'/ • Section 35: N'h, Lots 2, 4, 9, 10, 11, 12 (SE'/) (21 Where the private mineral estate to be mined has been severed from the private surface estate (in circumstances involving the surface mining of coal or where underground mining activities concurrently involve the surface minim of coal) the application shall also provide for lands to be affected within the permit area: ~) A co~y of the written consent of the surface owner to the extraction of coal by surface mining methods; or fib) A co~y of the document of conveyance that expresslygrants or reserves the right to extract the coal by surface mining methods; or ~c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under the applicable State law, the applicant has the legal authority to extract the coal b t methods. RESPONSE The extraction of coal by surface mining methods is not proposed in this permit revision application. Therefore, the requirements of this Rule are not applicable. 31 Nothing in 2 03 shall be construed as vesting in the Division or board the jurisdiction to adjudicate ~ropertv ri hg t disputes. • TR08-64 2.03-33.5 08/21/08