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<br />Page 1 of 2 <br />UNITED STATES <br />DEPARTMENT OF THE INTERIOR <br />This mining plan approval document is issued by the United States <br />of America to: <br />National King Coal, LLC <br />4424 County Road 120 <br />Hesperus, CO 81326 <br />for a mining plan modification of Federal lease COC-60941 at the <br />King Coal Mine. The approval is subject to the following <br />conditions. National King Coal, LLC is hereinafter referred to <br />as the operator. <br />1. Statutes and Regulations.--This mining plan approval is <br />issued pursuant to Federal lease COC-60941; the Mineral <br />Leasing Act of 1920, as amended (30 U.S.C. 181 et sea.); and <br />in the case of acquired lands, the Mineral Leasing Act for <br />Acquired Lands of 1947, as amended (30 U.S.C. 351 et sec.). <br />This mining plan approval is subject to all applicable <br />regulations of the Secretary of the Interior which are now <br />or hereafter in force; and all such regulations are made a <br />part hereof. The operator shall comply with the provisions <br />of the Water Pollution Control Act (33 U.S.C. 1151 et seo.), <br />the Clean Air Act (42 U.S.C. 7401 et sea.), and other <br />applicable Federal laws. <br />2. This document approves the mining plan modification for <br />Federal lease COC-60941 at the King Coal Mine and authorizes <br />coal development or mining operations on the Federal leases <br />within the area of mining plan approval. This authorization <br />is not valid beyond portions of Section 6; Township 34 <br />North, Range 11 West of the New Mexico P.M., North of Ute <br />Line. These lands encompass about 195 acres and are found <br />on the USGS 7.5 minute Quadrangle map of Kline, Colorado, <br />and as shown on the map appended hereto as Attachment A. <br />3. The operator shall conduct coal development and mining <br />operations only as described in the complete permit <br />application package, and approved by the Colorado Division <br />of Minerals and Geology, except as otherwise directed in the <br />conditions of this mining plan approval. <br />