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Page 1 of 2 UNITED STATES DEPARTMENT OF THE INTERIOR This mining plan approval document is issued by the United States of America to: National King Coal, LLC 4424 County Road 120 Hesperus, Colorado 81326 for a new mining plan for Federal lease COC-62920 at the King II Mine. The approval is subject to the following conditions. National King Coal, LLC is hereinafter referred to as the operator. Statutes and Regulations.--This mining plan approval is issued pursuant to Federal lease COC-62920; the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et sue.); and in the case of acquired lands, the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351 et sec .). This mining plan approval is subject to all applicable regulations of the Secretary of the Interior which are now or hereafter in force; and al] such regulations are made a part hereof. The operator shall comply with the provisions of the Federal Water Pollution Control Act (33 U.S.C. 1251 et sec .), the Clean Air Act (42 U.S.C. 7401 et se .), and other applicable Federal laws. • 2. This document approves the new mining plan for Federal ]ease COC-62920 at the King II Mine and authorizes coal development or mining operations on the Federal lease within the area of mining plan approval. This authorization is not valid beyond: Township 35 North, Range 12 West, New Mexico P.M. Section 35, N'/zSE'/a. These lands encompass approximately 80 acres and are found on the USGS 7.5 minute Quadrangle maps of Hesperus, Kline, Mormon Reservoir, and Thompson Park Colorado, and as shown on the map appended hereto as Attachment A. The operator shall conduct coal development and mining operations only as described in the complete permit application package, and approved by the Colorado Division of Minerals and Geology, except as otherwise directed in the conditions of this mining plan approval. 4. The operator shall comply with the terms and conditions of the lease, this mining plan approval, and the requirements of the Colorado State Permit No. C-81-035 issued under the Colorado State program, approved pursuant to the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et sue.). • 5. This mining plan approval shall be binding on any person conducting coal development or mining operations under the approved mining plan and shall remain in effect until superseded, canceled, or withdrawn.