2009-01-08_PERMIT FILE - C1981008A (5)

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None of the rights acquired under any of these documents is the subject of pending litigation. This Attachment also includes documents evidencing WFC's right to mine the additional lands. 2.03.7 Relationship to Areas Designated Unsuitable for Mining 2.03.7(1) Unsuitable Designation Status. A determination was made under the criteria set forth in Section 7.05 that no lands be designated unsuitable for mining at the New Horizon Mine. Furthermore, the Office of Mined Land Reclamation, in the "The Nucla Mine (C-008-81) Proposed Decision and Findings of Compliance", January 1983, found that "no Alluvial Valley Floors existed in either the mine area or the potentially affected area associated with New Horizon Mine." WFC is unaware of the availability of any information which indicates that any portion of the New Horizon Mine property has been or is under consideration or study for designation as land unsuitable for mining. 2.03.7(2) Legal and Financial Commitments. WFC has a contractual obligation to supply coal from the New Horizon 2 Mine to the Nucla Power Generating Station owned by Tri-State Generation & Transmission Cooperative. 2.03.7(3) Ownership Waivers. There are five occupied dwellings within 300 feet of the actual mining disturbance from 1993 to the present located within the New Horizon 2 permit area. There are no occupied dwellings within 300 feet of the projected mining disturbance from the present to end of the renewed permit period (May 26, 2008). Copies of waivers from the owners of these dwellings consenting to mining operations are included as Attachment 2.03.7-1. 2.03.8 Permit Term Information WFC has applied to CDMG for modifications in the permit boundary. Additional area added to the New Horizon 2 area will result in a total area of 926.96 acres. A legal description of the New Horizon 1 & 2 revised permit boundary is included in Attachment 2.03.8-1. (Revised Nov 08) 2.03-35