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UNITED STATES <br />• DEPARTMENT OF THE INTERIOR <br />Page 1 of 2 <br />This mining plan approval document is issued by the United States of America to: <br />Mountain Coal Company, L.L.C. <br />P.O. Box 591 <br />Somerset, Colorado 81434 <br />for a mining plan modification for Federal lease C-1362 at the West Elk Mine. The approval is <br />subject to the following conditions. Mountain Coal Company, L.L.C. is hereinafter referred to as <br />the operator. <br />1. Statutes and Regulations.--This mining plan approval is issued pursuant to Federal lease <br />C-1362; the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et sue.); and in the <br />case of acquired lands, the Mineral Leasing Act for Acquired Lands of 1947, as amended <br />(30 U.S.C. 351 et sue.). This mining plan approval is subject to all applicable regulations <br />of the Secretary of the Interior which are now or hereafter in force; and all such <br />regulations are made a part hereof. The operator shall comply with the provisions of the <br />Water Pollution Control Act (33 U.S.C. 1151 et seg.), the Clean Air Act (42 U.S.C. 7401 <br />et seg.), and other applicable Federal laws. <br />2. This document approves the mining plan modification for Federal lease C-1362 at the <br />. West Elk 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: <br />Township 13 South, Range 90 West 6`h P.M. <br />All or parts of Sections 32, 33, 34, and 35; <br />Township 14 South, Range 90 West 6`h P.M. <br />Al] or parts of Sections 3, 4, 9, and 10. <br />These lands encompass approximately 3,430 acres and are found on the USGS 7.5 minute <br />Quadrangle map of Somerset, Colorado, and as shown on the map appended hereto as <br />Attachment A. <br />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 />4. The operator shall comply with the terms and conditions of the lease, this mining plan <br />approval, and the requirements of the Colorado State Permit No. C-80-007 issued under <br />the Colorado State program, approved pursuant to the Surface Mining Control and <br />Reclamation Act of 1977 (30 U.S.C. 1201 et sec.). <br />