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The MSHA identification number for the Lorencito Canyon Mine, 05- 04712, has been <br />deactivated by MSHA. <br />There are no purchasers or holders of leasehold interest of record under a real estate contract for <br />property overlying areas which NECC's mining activities will affect during the next five (5) <br />years. There are no outstanding interests in lands, options, or pending bids on interest held or <br />made by NECC for lands which are contiguous to the area covered by the permit. <br />2.03.5 COMPLIANCE INFORMATION <br />(1)(a) Neither New Elk Coal Company, LLC nor its subsidiaries or affiliates, if any, or persons <br />controlled by or under common control with it, have had a federal or state mining permit for <br />surface coal mining operations suspended or revoked in the last five years prior to the date of <br />submission of this application. <br />(1)(b) Neither New Elk Coal Company, LLC nor its subsidiaries or affiliates, if any, or persons <br />controlled by or under common control with it, have forfeited a mining bond or similar security <br />deposited in lieu of bond. <br />(2) No response necessary. <br />(3) Cline Mining has not had any violation notice pertaining to any provision of the Act, or <br />of any law, rule or regulation of the United States, or of any State law, rule or regulation enacted <br />pursuant to Federal law, rule or regulation pertaining to air or water environmental protection <br />during the three year period preceding the date of this page revision. <br />Other than the four violations listed below, New Elk Coal Company, LLC has not had any <br />violation notice pertaining to any provision of the Act, or of any law, rule or regulation of the <br />United States, or of any State law, rule or regulation enacted pursuant to Federal law, rule or <br />regulation pertaining to air or water environmental protection during the three year period <br />preceding the date of this page revision. <br />New Elk Coal Company, LLC is not aware of any unabated cessation orders or any unabated air <br />or water quality violation notices received by any surface coal mining and reclamation operation <br />owned or controlled by the applicant or by any person who owns or controls the applicant <br />received prior to the revision date at the bottom of this page. <br />(3)(a) Violation Notice, Identifying Numbers: <br />New Elk Coal Company, LLC T K Mining Services, LLC (Prior New Elk Mine Operator) <br />122 West First Street P.O. Box 93 <br />Trinidad, CO 81082 Delta, CO 81416 <br />EIN - 20- 4120615 <br />MSHA ID Nos. 05 -04461 and 05 -00296 <br />Notice of Violation: CV C- 2011 -003 <br />Issued by: Division of Reclamation Mining & Safety <br />Issued to: Ron Thompson <br />Issued on: August 3, 2011 <br />44R-tzr 2.03 -8 Revised 08/23/12 <br />2Vq 3 <br />