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West E!k Mine • 2.03.5 Compliance Information (1) (a-b) Neither Mountain Coal Company, LLC nor any of its subsidiaries, affiliates, or persons controlled by or under common control with it, has had a mining permit for surface coal mining operations suspended or revoked within the last five yeazs. Nor have any of such entities Forfeited a mining bond or similaz security deposited in lieu of a bond in connection with any surface coal mining operations. (2) This subsection does not apply to MCC, LLC because no suspension, revocation, or forfeiture has occurred. (3) (a) Mountain Coal Company, West Elk Mine CDMG Permit No. C-80-007 MSHA ID No. OS-03672 CDMGNOV C-96-013 Issue Date: June 18, 1996 (b) NOV C-96-013 alleged that: MCC failed to separately remove and segregate subsoil material; failed to remove subsoil so as to protect the physical and chemical properties of the soil; failure to obtain approval prior to implementing a subsoil storage pile. (c) June 16, 1996 -Request made by MCC to CDMG Director to vacate NOV. July 24, 1996 - Request to vacate violation denied by CDMG Director. August 29, 1996 -Request made by MCC for Assessment Conference. September 26, 1996 -Assessment conference held at CDMG offices. (d) The violation was abated and terminated. (e) Actions required to abate the NOV were taken by MCC and the NOV was terminated on August 6, 1996. (f) The violation was upheld by the Assessment Officer and a $1750.00 civil penalty was assessed. However, the Division Director further reduced the penalty to $1000.00, and was paid by MCC. (3) (a) Mountain Coal Company, West Elk Mine CDMG Permit No. C-80-007 MSHA I.D. No. OS-03672 CDMG NOV CV-97-008, CV-97-009, and CV-97-010 Issue Date: July 25, 1997 • 2.03 RevisedJun.1995PR06;RevisedJan.1996RN03:Revisedh'ov.1996PR07;ReviseddfarcFl998507:RevisedJan.1999PR08