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West Elk Mine <br />controlled by or under common control with it, has had a mining permit for surface coal <br /> mining operations suspended or revoked within the last five years. Nor have any of such <br />entities forfeited a mining bond or similar security deposited in lieu of a bond in <br />connection with any surface coal mining operations. <br /> <br /> (2) This subsection does not apply to MCC because no suspension, revocation, or forfeiture <br />has occurred. <br /> (3) MCC received a violation notice (CV-2020-001) and a cessation order (CO-2020-001) <br />during the three-year period preceding the most recent Renewal application (RN-08) for <br />any violation of a provision of the Act, or of any law, rule or regulation of the United <br />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. Violation CV-2020-001 <br />was issued on October 23, 2020 to Weston Norris, General Manager of West Elk Mine <br />by Leigh Simmons of CDRMS. The violation alleged that Exhibits 60E and 55B were <br />not valid for the actual mining conditions. To mitigate the violation, TR-149 was <br />submitted on December 30, 2020 to update these two Exhibits. The violation was <br />terminated on February 05, 2021. Cessation order CO-2020-001 was terminated on <br />January 12, 2022. There are no unabated cessation orders or air or water quality violation <br />notices by any surface coal mining and reclamation operation owned or controlled by <br />either the applicant or by any person who owns or controls the applicant. <br /> <br />2.03.6 Right of Entry and Operation Information <br /> <br />(1) MCC holds several multiple-seam Federal leases and fee coal properties comprising the <br />current permit area and other adjacent affected lands. Presently, all or portions of Federal <br />Coal Lease Numbers D-044569, C-0117192, COC-54558, COC-56447, COC-67011, C- <br />1362, COC-67232, and the Mt. Gunnison Fuel Company fee coal property are within the <br />5-year permit boundary. Detailed descriptions of the sources of MCC's legal right-of-entry <br />are provided in Exhibit 4. <br /> <br /> MCC's right to enter and mine coal is not subject to any pending litigation. MCC owns <br />surface lands and leases coal in fee and from the Federal Government. <br /> <br />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br /> <br />(1) The permit area is not within an area designated unsuitable for coal mining operations. <br />(2) No occupied dwellings exist within 300 feet of MCC surface operations. <br /> <br />2.03.8 Permit Term Information <br /> <br />The current 5-year permit area is shown on Map 1. The permit term is for 5 years. <br /> <br />2.03.9 Personal Injury and Property Damage Insurance Information <br /> <br />As required by the CDRMS, MCC has and will continue to have in effect a Certificate of Insurance. <br /> <br /> <br /> <br /> <br />2.03-6 Rev. 11/04- PR10; 03/06- PR10; 09/07- PR12; 10/08- PR14; 01/16- MR415; 01/22- MR459 <br />