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All coal seams mineable by underground methods within the permit boundary are leased from <br />the State of Colorado acting by and through the Department of Natural Resources for the use and <br />benefit of the Division of Wildlife. A copy of the lease included in Exhibit 34— Addendum <br />Division of Wildlife Lease. <br />NECC leases the Jansen Loadout facility for coal shipments. Right of entry information for the <br />loadout site can be found in Exhibit 40. NECC owns the Golden Eagle Mine Colorado Permit <br />No. C -81 -013 and the Lorencito Canyon Mine Colorado Permit No. C -96 -084. <br />There are no purchases of record under real estate contract for property overlying areas that <br />NECC's mining activities will affect during the next five years. <br />2.03.7 RELATIONSHIP TO AREAS DESIGNATED UNSUITABLE FOR <br />MINING <br />The proposed permit area is not located within an area designated unsuitable for surface coal <br />mining operations or under study for such designation. <br />NECC does not intend to conduct surface mining activities or to conduct or locate surface <br />operations or facilities within 300 feet of an occupied dwelling. <br />TR -59 2.03 -6b Revised 8/11 <br />