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Findings <br />DMG finds that: <br />1. A properly executed Request for Transfer of Coal Permit and Succession of Operators application <br />form has been submitted to DMG, and this form requests that Permit No. C-81-035 be transferred from <br />National King Coal, LLC to National King Coal, LLC (under new ownership) (2.08.6(2)(6)); <br />2. A properly executed Surface Coal Mining and Reclamation Operations Reclamation Bond, in the form <br />of Letter of Credit No. for the amount of $130,000.00 (one hundred thirty thousand and <br />00/100 dollars), has been submitted by National King Coal, LLC for Permit No. C-81-035, and the <br />bond has been accepted by DMG (2.08.6(2)(a) and 2.08.6(4)(6)); <br />3. The identification of interests information required by Rule 2.03.4 has been properly submitted, <br />reviewed and deemed adequate (2.08.6(2)(b)(iii); <br />4. The compliance information required by Rule 2.03.5 has been properly submitted, reviewed and <br />deemed adequate (2.08.6(2)(b)(iii)); <br />5. The right-of--entry and operation information required by Rule 2.03.6 has been properly submitted, <br />reviewed, and deemed adequate (2.08.6(2)(b)(iii)); <br />6. The waiver information required by Rule 2.03.7(3) has been properly submitted, reviewed, and <br />deemed adequate (2.08.6(2)(b)(iii)); <br />7. The personal injury and property damage insurance information required by Rule 2.03.9 has been <br />properly submitted, reviewed and deemed adequate (2.08.6(2)(b)(iii)); <br />8. The identification of other licenses and permits required by Rule 2.03. 10 has been properly submitted, <br />reviewed and deemed adequate (2.08.6(2)(b)(iii)); <br />9. The transfer application was properly advertised as required by Rule 2.08.6(3)(a) and no written <br />comments were received (2.08.6(3)(6); <br />10. Based on all available information, National King Coal, LLC and all related owners and controllers of <br />National King Coal, LLC are currently in compliance with Rules 2.07,6(1)(6) and 2.07.6(I)(c); <br />I1. The succession application demonstrates compliance with Rule 2.07.6(2) (2.08.6(4)(a)); <br />12. Based on representations by National King Coal, LLC, National King Coal, LLC will conduct the <br />operations in full compliance with the terms and conditions of the original permit and in accordance <br /> requirements of the Act and Rules (2.08.6(4xc)). <br />King Coal Mlne Page 2 March 21, 2006 <br />SO-02 <br />