2008-09-29_PERMIT FILE - C1981019A (2)

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RULE 2 PERMITS 2.03.5 Compliance Information None of Colowyo, any subsidiary, affiliate, or persons controlled by or under common control with Colowyo has: (a) had a federal or state mining permit for surface coal mining operations suspended or revoked in the five years previous to the date of this application; or (b) forfeited a mining bond or similar security deposited in lieu of bond. Since no suspension, revocation or forfeiture has occurred, Part 2.03.5(2) is not applicable to this application. The mine is operated under the existing name of "Colowyo Coal Mine," and the Mine Safety and Health Administration Identification number is 0502962. Colowyo does not hold any option to purchase lands contiguous to the permit boundary. A list of previous violation notices received during the last three years by Colowyo in connection with the surface coal mining operation are provided in Exhibit 2. The list of violation notices received by those companies related through the "ownership and control" relationship is also provided in Exhibit 2. 2.03.6 Right of Entry and Operational Information The documents in Exhibit 1, Documents and Leases, vest the rights shown in and to surface estate within the permit area. The document in Exhibit 1, Documents and Leases, vest the right to the coal estate within the permit area. In regard to the unleased BLM surface and mineral estates included within the permit boundary, no mining or exploration activities will take place on these lands without obtaining the appropriate BLM lease, license, or permits. In June 2004, Colowyo inadvertently extracted 2600 tons of unleased federal coal in SW1/4 of Sec.4, T3N, R93W, 6`b PM. The area impacted is illustrated on the Mine Plan, Map 23 with the extension of the West Pit Mining Limit boundary. A detailed description of the Permit boundary is contained within Exhibit 1, documents and leases. 2.03.7 Relationship to Areas Designated Unsuitable For Mining The permit area is not within an area designated unsuitable for surface mining activities as defined in Rule 7 or 30 CFR 764 and 765 or under study for designation in an administrative proceeding under Rule 7 or 30 CFR 764 and 765. 2.03.8 Permit Term Information Colowyo has submitted information within this application to cover the entire life-of-mine area, including the next five year permit term. The anticipated timetable for each phase of mining and reclamation and the anticipated number of acres to be affected are shown in Table 2.03-1, Affected Areas for Mining and Reclamation. The initial approval of the Colowyo Permit No. C-81-019 issued on November 4, 1982 applied to the entire initial permit area which also represented the life-of-mine area at that time. Rule 2 Permits 2.03-7 Revision Date: 6/23/08 Revision No.: MR-91