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udie M. Scott Revocable Trust <br />Kay E. Sharp Hrooks and Brett M. Brooks <br />~~ Robert V. Barnes Trust and Mary Jo Barnes Trust <br />Jack Horner <br />Facility Name and MSHA Number <br />Facility Name: Hayden Gulch Loadout Facility <br />MSHA Identification Number: OS-03138 <br />Interests in Contiguous Lands The interests (both surface and coal) that Hayden <br />Gulch Terminal, Inc. holds on lands immediately contiguous to the permit area are <br />listed in Appendix 3-3B and shown on Exhibit 3-1, Surface Ownership and Control. <br />Compliance Information <br />Statement of Nonrevocation of Permit Hayden Gulch Terminal, Inc. and its <br />principle shareholders have not had a State or Federal mining permit revoked in <br />the last five years. <br />Statement of Bond Forfeiture Kentucky permit #6980140 forfeited a bond in 1986. <br />A settlement agreement on the bond forfeiture between Zeigler Coal Holding, AT <br />Massey and the State of Kentucky is being implemented. As of February 1998, <br />activities, including reclamation and monitoring are in full compliance with the <br />terms of the agreement. The cessation order will remain open until bond release <br />and other requirements of the settlement agreement are completed. <br />List of Violations NGTI has not received any Notice of Violation's (NOV's) in <br />connection with any surface mining operation during the previous three years. <br />Right of Entry and Operation Information <br />The documents listed below and contained in Appendix 3-4 document Hayden Gulch <br />Terminal, Inc.'s (owner/applicant/operator) legal right to enter and conduct coal <br />loading operations in the permit area. None of these rights are the subject of <br />pending litigation. Explanations of legal zights claimetl, specific lands to <br />which these rights apply, and dates of execution are identified in the documents <br />presented (Appendix 3-9). <br />TR-06 <br />7 <br />Revised 11/04 <br /> <br />