PERMFILE55025

• Permit No: C1980007A
• IBM Index Class Name: Permit File
• Doc Date: 6/2/2006
• Section_Exhibit Name: 2.03 Legal, Financial, Compliance and Related Information
• Media Type: D
• Archive: Yes

West Elk Mine
2.03.5 Compliance Information
(1) (a-b) Neither Mountain Coal Company, LLC nor any of its subsidiaries, affiliates, or
persons controlled by or under common control with it, has had a mining permit for
surface coal mining operations suspended or revoked within the last five yeazs. Nor
have any of such entities forfeited a mining bond or similaz security deposited in lieu of
a bond in connection with any surface coal mining operations.
(2) This subsection does not apply to MCC, LLC because no suspension, revocation, or
forfeiture has occurred.
(3) (a-f)MCC has not received any violation notices or cessation orders during the three-
year period preceding the most recent Permit Revision submittal application
(PR10 & PRIl) for any violation of a provision of the Act, or of any law, rule or
regulation of the United States, or of any State law, rule, or regulation enacted
pursuant to Federal law rule or regulation pertaining to air or water
environmental protection. In addition, there are no unabated cessation orders or
air or water quality violation notices by any surface coal mining and reclamation
operation owned or controlled by either the applicant or by any person who owns
or controls the applicant.
2.03.6 Right of Entry and Operation Information
• (1) MCC holds several multiple-seam Federal leases and fee coal properties comprising the
current permit azea and other adjacent affected lands. Presently, all or portions of Federal
Coal Lease Numbers D-044569, C-0117192, COC-54558, COC-56447, COC-67011, and
C-1362 and the Mt. Gunnison Fuel Company fee coal property aze within the 5-yeaz
permit boundary. Detailed descriptions of the sources of MCC's legal right-of--entry are
provided in Exhibit 4.
MCC's right to enter and mine coal is not subject to any pending litigation. MCC owns
surface lands and leases coal in fee and from the Federal Government.
2.03.7 Relationship to Areas Designated Unsuitable for Mining
(1) The permit azea is not within an area designated unsuitable for coal mining operations.
(2) No occupied dwellings exist within 300 feet of MCC surface operations.
2.03.8 Permit Term Information
The current 5-yeaz permit azea is shown on Map 1. The permit term is for 5 yeazs.

2.03-7 Revised November 2004 PRI G