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• SEALING MINE OPENINGS <br />In accordance with the requirements of our mine plan, 211.41 (c) 30 <br />CFR, the portals (mine openings or entrances into the King Coal Mine) <br />will be backfilled and sealed against inflows of surface water and access <br />by animals or people. Coal stockpile residue on the permit azea will be <br />scraped from the surface and used for backfill inside the portals. This <br />will limit the presence of any potential acid-forming or toxic materials in <br />backfllled and re-graded area and minimize potential contamination of <br />topsoil and revegetation. The four portals are each approximately 10 feet <br />wide by 8 feet high. To fill them to a depth of 25 feet will require about <br />296 cubic yards of material plus a small amount to account for <br />sloughing at the inby end. Total portal backfill will require <br />approximately 400 cubic yards of material. After back-filling to a depth <br />of 25 feet from the portal, the mouth of the portals will be caved to <br />completely seal them. The area will then be backfilled, graded and <br />smoothed over to closely approximate the original contour of the hill into <br />which the portals have been opened. <br />Any coal exploration drill holes, vent holes, and groundwater monitoring <br />wells (not transferred to the landowner) in the permit azea will be <br />backfilled, sealed at water bearing zones, and capped with concrete plugs <br />to meet reclamation requirements. <br />• COMPLIANCE WITH THE CLEAN AIR ACT AND CLEAN WATER ACT <br />National King Coal, LLC has obtained permits for air emissions and point <br />source discharges from the Colorado Department of Public Health and <br />Environment, delegated agency for enforcement of the Clean Air act and <br />Clean Water Act. There aze no waters of the United States requiring a <br />permit from the U.S. Army Corps of Engineers. There aze no federally <br />listed or candidate species that require a take permit, habitat <br />conservation plan, or mitigation plan from the U.S. Fish and Wildlife <br />Service. <br />,o~~ „, ~~,,,, , ~„, ,~,,.oo„~~~, „„„~~ mow,,,, ~~~~,~,~,o~~su„„~,.,,,,~„~.,,~,~~~ ~„~~~ a <br />National King Coal, LLC King II Mine <br />Section 2.05.4 <br />Page 13 May, 2006 <br />