2012-02-13_REVISION - C1981012 (8)

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2.03.5 COMPLIANCE INFORMATION (1)(a) Neither New Elk Coal Company, LLC or T K Mining Services, LLC nor its subsidiaries or affiliates, if any, or persons controlled by or under common control with it, have had a federal or state mining permit for surface coal mining operations suspended or revoked in the last five years prior to the date of submission of this application. (1)(b) Neither New Elk Coal Company, LLC or T K Mining Services, LLC nor its subsidiaries or affiliates, if any, or persons controlled by or under common control with it, have forfeited a mining bond or similar security deposited in lieu of bond. (2) No response necessary. (3) Cline Mining has not had any violation notice pertaining to any provision of the Act, or of any law, rule or regulation of the United States, or of any State law, rule or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or water environmental protection during the three year period preceding the date of this page revision. Other than the four violations listed below, New Elk Coal Company, LLC and T K Mining Services, LLC, have not had any violation notice pertaining to any provision of the Act, or of any law, rule or regulation of the United States, or of any State law, rule or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or water environmental protection during the three year period preceding the date of this page revision. New Elk Coal Company, LLC and T K Mining Services, LLC are not aware of any unabated cessation orders or any unabated air or water quality violation notices received by any surface coal mining and reclamation operation owned or controlled by the applicant or by any person who owns or controls the applicant received prior to the revision date at the bottom of this page. (3)(a) VioIation Notice, Identifying Numbers: New Elk Coal Company, LLC T K Mining Services, LLC 122 West First Street P.O. Box 93 Trinidad, CO 81082 Delta, CO 81416 EIN - 20- 4120615 MSHA ID Nos. 05 -04461 and 05 -00296 Notice of Violation: CV C -2011 -003 Issued by: Division of Reclamation Mining & Safety Issued to: Ron Thompson Issued on: August 3, 2011 (3)(b) Failure to conduct all surface coal mining and reclamation operations only as described in the approved application. (3)(c) No administrative or judicial actions. (3)(d) There are no ongoing proceedings for the notice of violation. (3)(e) The applicant obtained approval for a technical revision that addressed the deficiencies identified by the notice of violation. The applicant paid the civil penalty. PR -04 2.03 -6 Revised 02/09/12