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King Coal Mine; MT7 <br />Page 2 <br />January 5, 2015 <br />Information required by this paragraph may be considered confidential for purposes of these rules if <br />the requirements of Rule 2.07.5 are met. <br />2.03.5 (1)43); Compliance Information <br />The information required by this rule is contained in two sections of the permit. Each section is titled <br />2.03.5 — Compliance Information, one for the King I Mine and the other for the King II Mine. These <br />sections of the permit were last updated in March of 2013 for the King I Mine and July of 2014 for the <br />King II Mine. These sections contain all the information that is required by Rule 2.03.5(1) and (2). <br />Regarding paragraph (3) of this rule, the applicant lists one violation issued by the Division (CV -2012- <br />003). <br />• For the violation listed in Sections 2.03.5 of the permit, Rule 2.03.5(3)(a) requires the following <br />information to be provided; the MSHA number and the name of the person to whom the violation <br />notice was issued. Please update both section of the permit with this information. <br />• For the violation listed in Section 2.03.5 for the King I mine, the permit indicates the required <br />abatement is ongoing at this time. However, this section of the King II mine indicates the violation <br />was terminated on December 11, 2012. Please update the King I Mine permit section 2.03.5 to reflect <br />the current state of the violation in accordance with Rule 2.03.5(d). <br />• For both sections 2.03.5 of the permit, please discuss the actions, if any, that were taken by the <br />applicant to abate the violation. <br />2.03.6(1)42); Right of Entry and Operation Information <br />The permit includes two sections titled 2.03.6 — Right of Entry and Operation Information, one for the <br />King I mine and one for the King II mine. A general legal description of the Township, Range and <br />Sections the permit area falls within is provided followed by detailed legal descriptions for each of the <br />leases the applicant bases his legal right to enter. The permit indicates that none of the leases are subject <br />to pending litigation. For each lease listed; the date of execution, the specific lands to which they pertain <br />and the legal right claimed is provided. This section appears adequate as submitted in accordance with <br />Rule 2.03.6(1). Rule 2.03.6(2) does not apply. <br />2.03.7(1) -(3) ; Relationship to Areas Designated Unsuitable for Minim <br />The permit includes two sections titled 2.03.7 — Relationship to Areas Designated Unsuitable for Mining, <br />one for the King I mine and one for the King II mine. In accordance with Rule 2.03.7(l)-(2), each <br />section makes a statement that the no portions of the lands within the permit area are within an area <br />designated unsuitable for surface coal mining operations under Rule 7 based on an "Unsuitability <br />Analysis and Report" contained in Appendix 1 of the permit. <br />