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West Elk Mine <br />2.03.5 Compliance Information <br />(1) (a-b) Neither Mountain Coal Company, LLC nor any of its subsidiaries, affiliates, or <br />persons controlled by or under common control with it, has had a mining permit for <br />surface coal mining operations suspended or revoked within the last five years. Nor <br />have any of such entities forfeited a mining bond or similar security deposited in lieu of <br />a bond in connection with any surface coal mining operations. <br />(2) This subsection does not apply to MCC, LLC because no suspension, revocation, or <br />forfeiture has occurred. <br />(3) (a-f)MCC has not received any violation notices or cessation orders during the three- <br />year period preceding the most recent Permit Revision submittal application <br />(PR10 & PRll) for any violation of a provision of the Act, or of any law, rule or <br />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 <br />environmental protection. In addifion, there are no unabated cessation orders or <br />air or water quality violation notices by any surface coal mining and reclamation <br />operation owned or controlled by either the applicant or by any person who owns <br />or controls the applicant. <br />2.03.6 Right of Entry and Operation Information <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, and <br />C-1362 and the Mt. Gunnison Fuel Company fee coal property aze within the 5-yeaz <br />permit boundary. Detailed descriptions of the sources of MCC's legal right-of--entry are <br />provided in Exhibit 4, <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 />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br />(1) The permit azea is not within an azea designated unsuitable for coal mining operations. <br />(2) No occupied dwellings exist within 300 feet of MCC surface operations. <br />2.03.8 Permit Term Information <br />The current S-yeaz permit area is shown on Map L The permit term is for 5 yeazs. <br /> <br />2.03-7 Revised November 2004 PRIG <br />