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West Elk Mine <br />(7) Owners of record of surface and subsurface areas contiguous with the permit area are <br />identified in Exhibit 3. <br />(8) The name of the mine is West Elk Mine. The MSHA Identification Number is 05-03672. <br />(9) Mountain Coal Company, LLC is presently operating West Elk Mine under Permit C-80- <br />007. Mountain Coal Company, LLC does not control any lands, interests in lands, options, <br />or pending bids on interests held or made for lands that are contiguous to the area covered <br />by the permit. <br />2.03.5 Compliance Information <br />(1) (a-b) Neither Mountain Coal Company, LLC nor any of its subsidiaries, affiliates, or <br />persons controlled by or under common control with it, has had a mining permit for <br />surface coal mining operations suspended or revoked within the last five years. Nor <br />have any of such entities forfeited a mining bond or similar security deposited in lieu of <br />a bond in connection with any surface coal mining operations. <br />(2) This subsection does not apply to MCC, LLC because no suspension, revocation, or <br />forfeiture has occurred. <br />(3) (a-f)MCC has not received any violation notices or cessation orders during the six-year <br />period preceding the most recent Permit Revision submittal application (PR10, <br />PR11, PR12, and PR14) for any violation of a provision of the Act, or of any law, <br />rule or regulation of the United States, or of any State law, rule, or regulation <br />enacted pursuant to Federal law rule or regulation pertaining to air or water <br />environmental protection. In addition, there are no unabated cessation orders or <br />air or water quality violation notices by any surface coal mining and reclamation <br />operation owned or controlled by either the applicant or by any person who owns <br />or controls the applicant. <br />2.03.6 Right of Entry and Operation Information <br />(1) MCC holds several multiple-seam Federal leases and fee coal properties comprising the <br />current permit area and other adjacent affected lands. Presently, all or portions of Federal <br />Coal Lease Numbers D-044569, C-0117192, COC-54558, COC-56447, COC-67011, and <br />C-1362 and the Mt. Gunnison Fuel Company fee coal property are within the 5-year <br />permit boundary. Detailed descriptions of the sources of MCC's legal right-of-entry are <br />provided in Exhibit 4. <br />MCC's right to enter and mine coal is not subject to any pending litigation. MCC owns <br />surface lands and leases coal in fee and from the Federal Government. <br />2.03-7 Revised November 2004 PR10, March 2006 PRIO, Sep. 2007 PRI Z Oct, 2008 PR14