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2.03.5 COMPLIANCE INFORMATION <br />(1)(a) Neither the applicant, New Elk Coal Company, LLC nor its subsidiaries or affiliates, if any, or <br />persons controlled by or under common control with it, have had a federal or state mining permit for <br />surface coal mining operations suspended or revoked in the last five years prior to the date of submission <br />of this application. <br />(1)(b) Neither the applicant, New Elk Coal Company, LLC, nor its subsidiaries or affiliates, if any, or <br />persons controlled by or under common control with it, have forfeited a mining bond or similar security <br />deposited in lieu of bond. <br />(2) No response necessary. <br />(3) Cline Mining and TK Mining Services LLC have not had any violation notice pertaining to any <br />provision of the Act, or of any law, rule or regulation of the United States, or of any State law, rule or <br />regulation enacted pursuant to Federal law, rule or regulation pertaining to air or water environmental <br />protection during the three year period preceding the date of this page revision. <br />Other than the one violation outlined below, New Elk Coal Company, LLC, has not had any violation <br />notice pertaining to any provision of the Act, or of any law, rule or regulation of the United States, or of <br />any State law, rule or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or <br />water environmental protection during the three year period preceding the date of this page revision. <br />The applicant is not aware of any unabated cessation orders or any unabated air or water quality violation <br />notices received by any surface coal mining and reclamation operation owned or controlled by the <br />applicant or by any person who owns or controls the applicant received prior to the revision date at the <br />bottom of this page. <br />(3)(a) Violation Notice, Identifying Numbers: <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />EIN - 20- 4120615 <br />MSHA ID No. 05 -04461 <br />Notice of Violation: CV C- 2011 -003 <br />Issued by: Division of Reclamation Mining & Safety <br />Issued to: Ron Thompson <br />Issued on: August 3, 2011 <br />(3)(b) Failure to conduct all surface coal mining and reclamation operations only as described in the <br />approved application. <br />MR -98 2.03 -6 Revised 11 /11 /11 <br />