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2.3.2 Schedule of Violations <br />The applicant has not had any violation notice pertaining to any provision of the <br />Act, or of any law, rule or regulation of the United States, or of any State law, rule <br />or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or <br />water environmental protection during the three year period preceding the date <br />of this page revision. <br />Right of Entry and Oaeration <br />C.B. Minerals Company, LLC, bases its right -of -entry on (1) public access; (2) an <br />Access and Surface Use Agreement, (Exhibit 2.4 -2), between C.B. Minerals and <br />NCIG Financial, Inc. The Access and Surface Use Agreement is not subject to <br />pending litigation. <br />Relationships to Areas Designated Unsuitable for Mining <br />2.5_1 Statement of Available Information <br />The permit area is not within an area designated unsuitable for surface mining <br />activities as defined in Rule 7 or 30 CFR 764 and 765, or under study for <br />designation in an administrative proceeding under Rule 7 or 30 CFR 764 and <br />765. <br />Waivers of Owners (Dwellings) <br />There are no occupied dwellings within 300 feet measured horizontally of the <br />surface operations or facilities. <br />Coal Ridge No. 1 2-8 08/11 <br />