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RULE 2 - PERMITS
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<br />(3) List of Violations.
<br />Exhibit 2.03.5 -E1, Compliance Information for Peabody Investments Corporation, lists the Notice
<br />of Violations received by SCCC's parent company in connection with any mining operation during
<br />a three year period prior to October 19, 2009.
<br />2.03.6 (1 -3) Right of Entry and Operation Information
<br />The following presents information concerning the lease agreements or property deeds to mine coal
<br />and rights -of -way agreements to enter the mine area. This information describes the legal rights
<br />under which the applicant is permitted to enter and begin surface mining activities. They further
<br />specifically identify the type and date of execution, specific lands to which each document pertains,
<br />and explain the legal rights claimed by the applicant. None of the rights acquired under any of these
<br />documents is the subject of pending litigation.
<br />Sage Creek Coal Company, LLC
<br />Right of Entry Agreement: 24 February 2010 Surface and Coal
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<br />By and between Sage Creek Holdings, LLC, Owner, and Sage Creek Coal Company,
<br />LLC, Operator, whereas, Owner owns or controls entry to private and State of Colorado
<br />surface lands and controls federal and state coal leases, including federal lease
<br />C00088199; therefore, Owner grants unto Operator the right of entry to enter upon that
<br />specific Property for any and all uses, purposes, and operations, as relevant to the
<br />Operator's permit applications; said Property being more particularly described in
<br />Exhibit A of the Right of Entry Agreement dated 24 February 2010.
<br />Right of Entry Document and Land Description: See Exhibit 2.03.6 —E1
<br />Corporation Quitclaim Deed: 28 December 2008 Surface and Coal
<br />By and between Seneca Coal Company, LLC, Grantor, and Sage Creek Holdings, LLC,
<br />Grantee, its successors and assigns, forever, all the right, title, interest, claim and
<br />demand which the Grantor has in and to the real property, together with improvements,
<br />if any, situate, lying and being in Routt County, Colorado, more particularly described in
<br />Exhibit A of the Corporation Quitclaim Deed dated 28 December 2008, recorded April
<br />13, 2009, at Reception #685834 of the records of the Routt County Clerk, Routt County,
<br />Colorado.
<br />Land Description: See Exhibit 2.03.6_E1
<br />260 -005 (Bureau of Land Management) 1 July 1963
<br />Coal Lease C- 088199
<br />Land Description: El /2 E1 /2, NW1 /4 NEIA, W1 /2 NW1 /4, Section 27; and E1 /2
<br />NE1/4, SW1/4 NE1/4, W1 /2 SE1/4, W1 /2, Section 28; and
<br />N1 /2, SE1 /4, E1 /2 SW1 /4, Section 33; and S1 /2 NW1 /4,
<br />NW1 /4 NW1 /4, W1 /2 SE1 /4, SW1 /4, NE1/4 NE1/4, Section
<br />34; and W1 /2 NW1 /4, NE1 /4 NWl /4, Section 35; Township 6
<br />PSCM Permit App.
<br />2.03 -16
<br />Revision 03/05/10
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