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3. If the surface is owned by a person other than the person who intends to explore, <br />give a description of the basis upon which the person who will explore claims the <br />right to enter such area for the purpose of conducting exploration and reclamation <br />(attach supporting documents, if applicable): <br />In the area proposed for exploration hole NE- 2011 -10 the surface owned by the State of <br />Colorado through the Department of Natural Resources for the use and benefit of the <br />Division of Wildlife (DOW) and private property overlying the NCE mineral ownership. <br />The NCE mineral ownership surface access is provided by the mineral severance deed <br />(Book 575, Pages 362 -368, Las Animas County Recorder's Office). Proposed hole <br />locations are indicated on the attached Map: New Elk Mine Working Map 2011 -2012 <br />Exploration. The DOW lease was filed in Las Animas County Book 1075 pages 1935- <br />1969. The CDOW requires an approved Notice of Intent filed with the state with <br />appropriate restoration bond. The CDOW has approved the temporary use agreement for <br />the 2011 exploration program (letter attached). <br />Exploration hole NE- 2011 -06 is located on private rural ranchettes overlying NCE mineral <br />ownership. NECC has the option to acquire NCE minerals. The mineral ownership under the <br />rural ranchettes is NCE by severance deed book 375 page 362 in Las Animas County. <br />Surface access is by provided by the mineral severance deed (Book 575, Pages 362 -368, Las <br />Animas County Recorder's Office). <br />