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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 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 King Coal Mine. The <br />approval is subject to the following conditions. National King Coal, LLC is hereinafter referred <br />to as the operator. <br />I. Statutes and Regulations.--This mining plan approval is issued pursuant to Federal lease <br />COC-60941; the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et sec .); and <br />in the case of acquired lands, the Mineral Leasing Act for Acquired Lands of 1947, as <br />amended (30 U.S.C. 351 et sue.). This mining plan approval is subject to all applicable <br />regulations of the Secretary of the Interior which are now or hereafter in force; and all <br />such regulations are made a part hereof. The operator shall comply with the provisions <br />• of the Water Pollution Control Act (33 U.S.C. 1151 et sec .), the Clean Air Act (42 U.S.C. <br />7401 et sue.), and other applicable Federal laws. <br />2. This document approves the mining plan modification for Federal lease COC-60941 at <br />the King Coal Mine and authorizes coal development or mining operations on the Federal <br />lease within the area of mining plan approval. This authorization is not valid beyond all <br />or portion of those lands within <br />Township 34 North, Range I I West, New Mexico P.M. <br />Sections: 6, 7, and 8 <br />These lands encompass 160 acres and are found on the USGS 7.5 minute Quadrangle <br />map of Kline, Colorado, and as shown on the map appended hereto as Attachment A. <br />3. The operator shall conduct coal development and mining operations only as described in <br />the complete permit application package, and approved by the Colorado Division of <br />Minerals and Geology, except as otherwise directed in the conditions of this mining plan <br />approval. <br />. Mining Plan Approval Document No. CO-0043 <br />