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2.03.6 Right of Entry and Operation Information <br />2.03.6(1) Attachment 3 -11 of the New Horizon 1 Mine Reclamation Permit presents <br />information concerning the lease agreements or property deeds to mine coal and <br />rights -of -way agreements to enter the mine area. This information describes the <br />legal rights under which Peabody, the previous owner, was permitted to enter and <br />begin surface mining activities. They further specifically identify the type and date <br />of execution, specific lands to which each document pertains, and explain the legal <br />rights held by Peabody. <br />Attachment 2.03.6 -1 at the end of this section presents information where Peabody <br />transferred its rights to all the lease agreements, property deeds to mine coal and <br />rights -of -way agreements to Western Fuels- Colorado, A Limited Liability Company. <br />None of the rights acquired under any of these documents is the subject of pending <br />litigation. This Attachment also includes documents evidencing WFC's right to mine <br />the additional lands. <br />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br />2.03.7(1) Unsuitable Designation Status. A determination was made under the criteria set <br />forth in Section 7.05 that no lands be designated unsuitable for mining at the New <br />Horizon Mine. Furthermore, the Office of Mined Land Reclamation, in the "The <br />Nucla Mine (C- 008 -81) Proposed Decision and Findings of Compliance ", January <br />1983, found that "no Alluvial Valley Floors existed in either the mine area or the <br />potentially affected area associated with New Horizon Mine." <br />WFC is unaware of the availability of any information which indicates that any <br />portion of the New Horizon Mine property has been or is under consideration or <br />study for designation as land unsuitable for mining. <br />2.03.7(2) Legal and Financial Commitments. WFC has a contractual obligation to supply <br />coal from the New Horizon 2 Mine to the Nucla Power Generating Station owned by <br />Tri -State Generation & Transmission Cooperative. <br />(Revised JULY 2010) 2.03 -25 <br />