Application Part 1.pdf · single proprietorship. Providethefollowing forall partners, officers, directors, and stockholdersowning ten percent ormoreofany class ofvoting stock orotherinstrumentsofownership,

Request for ReviewUnder the

Coordinated Application ProcessFor Coal Mining Activities in the State of Ohio

By submitting this form, and the information specified, I request an interagency reviewunder the Coordinated Process for Mining Projects in the State of Ohio.

Project Number/Name: Rosebud Mining Company

To initiate the process, I completed a Jurisdictional Determination and have attachedthe USACE Verification Letter & the investigation of waters map showing all waterslimits of the Jurisdictional Determination (DMRM only).

I am concurrently submitting a 404 application to the USACE (181 Huntington; 0Pittsburgh)

oD

~

I request USACE evaluation under the Standard Individual Permit process andOEPA Individual 401 water quality certification.I request USACE consideration under Nationwide Permit Bill 21, D 49 or D 50and an individual 401 water quality certification from OEPA.I request USACE consideration under Nationwide Permit 1l11I21, L] 49 or EEl 50 §!3 IL\and have preliminarily determined my project meets the OEPA 401certification.

o If required, I will be submitting an application for a 401 water quality certificationupon notification from the USACE of the PN or PCN.

Signature of Applicant or Designated A~.~...~~"",,",,~;;o¥~':C::::~~~2lL+-~-

Date June 30, 2009

Print Name Terri Sponaugle-Schrock

Company Bair, Goodie, and Associates, Inc.

SEP 23 20G9T~.T-':TT01'\')'" ""j'O'."l Il~~nl ,!",'

~ '.u.. ,1l.' ,I'.. t" -,

DEPARTMENT OF THE ARMYHUNTINGTON DISTRICT, CORPS OF ENGINEERS

. 502 EIGHTH STREETHUNTINGTON, WEST VIRGINIA 25701·2070

April 28, 2009

Operations and Readiness DivisionRegulatory BranchLRH-2009-315-TUS

Dwayne Berger, Project EngineerBair, Goodie and Associates, Inc.153 North BroadwayNew Philadelphia, Ohio 44663

Dear Mr. Berger:

This letter is in response to the Wetland and Stream Delineation report for RosebudMining Company's Carrollton, Teeter Property Deep Mine No.6 application. The 113 acreproposed project area is located in Section 6, Township 14 North, Range 6 West and Section 36,Township 13 North, Range 5 West of Union Township, Carroll County, Ohio. Streams on sitedrain to Indian Fork, a tributary ofthe Tuscarawas River, a Section 10 navigable waterway.

This site was investigated in accordance with the Integrated Application Process on April14, 2009 with representatives of the applicant, the United States Army Corps of Engineers(USACE), the Ohio Department ofNatural Resources - Division of Mineral ResourcesManagement, and the Ohio Environmental Protection Agency.

You have requested a preliminary jurisdictional determination (PJD) for the proposedpermit area. The March 2009 delineation report and site investigation on April 14, 2009,provided information concerning potential waters of the United States within the site limits.These waters are identified in the table below and are correctly identified on revised mappingdated April 15, 2009.

Stream Name Flow Regime Length within Permit Area IlflGantz Creek Perennial 2112A Intermittent 729A-I Intermittent 10B Perennial 1042Total 3893

Wetland Name Type AcreageWLA Emergent 0.24WLB Emergent 0.03WLC Emergent 0.14

tal 0.41

Printed on*Recycled Paper

-2-

In addition, one 0.79 acre impoundment of stream impoundment was identified on site.

The USACE authority to regulate waters of the U.S. is based, in part, on the definitionsand limits ofjurisdiction contained in 33 CFR 328 and 33 CFR 329. Section 404 of the CleanWater Act (CWA) requires that a Department of the Army (DA) permit be obtained prior to thedischarge of dredged or fill material into waters of the U.S., including wetlands. Section 10 ofthe Rivers and Harbors Act of 1899 requires that a DA permit be obtained for any work in, on,over or under a navigable water. In addition, our December 2, 2008 headquarters guidance titled"Revised Guidance on Clean Water Act Jurisdiction Following the U.S. Supreme Comt Decisionin Rapanos v. United States and Carabell v. United States" must be followed for the USACE toprovide final verification of CWA jurisdiction.

Based on a review ofthe information provided, two perennial and two intermittentstreams, tln'ee wetlands and one stream impoundment are located within the proposed permitarea as identified above. This office has determined that these waters may be jurisdictionalwaters of the United States in accordance with the Regulatory Guidance Letter for JurisdictionalDeterminations issued by the U.S. Army Corps of Engineers on June 26, 2008 (RGL No. 08-02).As indicated in the guidance, this PJD is non-binding and cannot be appealed (33 C.F.R. 331.2)and only provides a written indication that waters of the U.S, including wetlands, may be presenton-site. You have declined to exercise the option to obtain an approved JD in this instance andat this time. However, for the purposes of the determination of impacts, compensatorymitigation, and other resource protection measures for activities that require authorization fromthis office, the streams and wetlands identified above will be evaluated as if they arejurisdictional waters of the United States. These waters are correctly delineated on the revisedmapping dated prepared by REIC, Inc. Additional details concerning these waters may be foundin the attached Preliminary Jurisdictional Determination Form.

If you have any questions concerning the above, please contact Ms. Sheila Newman ofour Dillon Lake Field Office at (740) 454-2225 or at [email protected].

Sincerely,

!!L~/lc+£Chief, Energy Resource Section

EnclosuresCopy Furnished:OEPA-DSWODNR-DMRM

LRH-2009-315-TUSPJD Rosebud Mining company

ATTACHMENT

PRELIMINARY JURISDICTIONAL DETERMINATION FORM

BACKGROUND INFORMATION

A. Report Completion Date for Preliminary Jurisdictional Determination (JD): April 15,2009

B. Name and Address of Person Requesting Preliminary JD: Rosebud Mining Company lCO,Dwayne Berger, Project Engineer, Bair, Goodie and Associates, Inc., 153 North Broadway, NewPhiladelphia, Ohio 44663

C. District Office, File Name, and Number: LRH 2009-335

D. Project Locations and Background Information:State: OhioCounty: Carroll CountyCity: NoneLongitude: 810 5' 38" WLatitude: 400 33' 25" NNearest Waterbody: Honey Creek, Gantz Creek

Identify (estimate) amount of waters in review area:

Stream Name Flow Regime Len2th within Permit Area (lj)

Gantz Creek Perennial 2112A Intermittent 729A-I Intermittent 10B Perennial 1042Total 3893

Wetland Name Type AcreageWLA Emergent 0.24WLB Emergent 0.03WLC Emergent 0.14Total 0.41

In addition, one 0.79 acre impoundment of stream impoundment was identified on site.

Section 10 waters: NoneTidal waters: None

E. Review Performed for Site Evaluation (Check All That Apply)

X Office (Desk) Determination Date: April 22, 2009

1

LRl-I-2009-315-TUSPJD Rosebud Mining company

X Field Determination Date(s): April 14,2009

SUPPORTING DATA: Date reviewed for preliminary JD (check all that apply-checked items should be included in case file, where checked and requested,appropriately reference sources below):

X Maps, plans, plots, or plat submitted by or on behalf of the applicant/consultant:Delineation Map - Dated March II, 2009, revised April 15, 2009

o Data Sheets prepared/submitted by or on behalf of the applicant/consultant:o Office concurs with data sheets/delineation report as revisedo Office does not concur with data sheets/delineation report

o Data sheets prepared by Corps:o Corps Navigable Water Study:o U.S. Geological Survey Hydrologic Atlas:

o USGS NHD Datao USGS 8 & 12 digit HUC Maps

o U.S. Geological Survey Map(s). Cite scale and quad name:o USDA Natural Resources Conservation Service Soil Survey - Citation: USDA SoilSurvey - Tuscarawas County

o National Wetlands Inventory Map(s) - Cite name:o State/Local Wetland Inventory !\:lap(s):o FEMA/FIRM maps:o 100-year Floodplain Elevation is:o Photographs: 0 Aerial (Name & Date):

o Other (Name & Date):

o Previous Determination(s): File no. and date of response letter:X Other information (please specify): Delineation Report submitted by Bair Goodieand Associates dated March 2009, revised April 15, 2009.

IMPORTANT NOTE: The information recorded on this form has not necessarily beenverified by the Corps and should not be relied upon for later jurisdictionaldeterminations.

2

OHIO DEPARTMENT OF NATURAL RESOURCESDIVISION OF MINERAL RESOURCES MANAGEMENT

UNDERGROUND COAL MINING AND RECLAMATIONPERMIT APPLICATION

(INCLUDING SURFACE OPERATI9NS)"l ·r·"-, .'

A Applicant's Name Rosebud Mining Company

Address 101 East Market Street

:;EP 23 2009

City Cadiz State OH Zip 43907

Telephone (740) 942-1500

Employer Identification No. (EIN) 25-1359034, or

Social Security No. (last 4 digits) XXX-XX-N/A

B. Type of Application (check appropriate spacers)):

I:8J New 0 Additional Surface and Underground WorkingsC. Type of Operation (check appropriate spacers)):

I:8J Room and Pillar, 0 Pillar Extraction, 0 Longwall, 0 Other

D. Type of Mine Entry:

o Shaft, I:8J Slope, 0 Drift, 0 OtherE. Name of mine Rosebud Carrollton Mine

V' \1'1, 'I'.l"-' \".;~,

SEP i,O 2009

F. List below the MSHA identification numbers for the mine and for all mine-associatedstructures requiring MSHA approval on this application area.

33-04635

G. Indicate the exploration permit number(s) or notice of intent (NOI) number(s) that wereobtained for this application area.

2008-NP-008 & 2008-NP-2009

Revised 10/08DNR-744-9082

Cover Sheet - Page 1

H. Did a person other than an employee of the applicant prepare this application?

YeslZl No 0 If "yes," provide:

Preparer's NameElai~, Goodie, and Associates, Inc.Address 153 North ElroadwayCity New Philadelphia State OH Zip 44663 Telephone (330) 34.3-3499

I. I, the undersigned, a responsible official of the applicant, do hereby verify the information inthe complete permit application as true and correct to the best of my information and belief.

Printed NameD. Michael Jamison Title General Manager, Ohio Operations

SignatureLl.\l1'!j'ft!,~~~"t1~~~T'bate July 7, 2009

Sworn before me and subs ri ed in my presence this 7 day of ul.-t of)j


Cover Sheet - Page 1

PART 1: LEGAL, FINANCIAL, COMPLIANCE. AND RELATED INFORMATION

A. IDENTIFICATION OF INTERESTS

(1) Is the applicant a single proprietorship? Yes 0 No 1ZI If "yes," provide thefollOWing:

Owner's Name Rosebud Mining Company


City Cadiz State Ohio Zip 43907 Telephone (740) 942-1500

EIN 25-1359034, or SSN (last 4 digits) XXX-XX-N/A

Beginning date of ownership 4/09/1979

If "no," indicate business structure of applicant.

o Partnership (registration no. and date obtained)1ZI Corporation (charter no. and date incorporated) #1551839-04/09/1979D Associationo Other, specifyProvide the following for the applicant's statutory agent and submit Owners andControllers

Agent's Name Statutory Agent Corporation

Address 52 East Gay Street

City Columbus State OH Zip 43215 Telephone (614) 464·6389

EIN 31-1165090, or SSN (last 4 digits) XXX-XX-

(2) Will there be a mine operator other than the applicant?

Yes 0 No 1ZI If "yes" provide the operator's name and submit OperatorOwnership and Control (Note: if more than one operator, indicate operator'sname and submit a separate form for each).

Operator's Name None

(3) Provide the following for the person or entity who will pay the abandoned mineland reclamation fee for the applicant.

Name Rosebud Mining Company


City Cadiz State OH Zip 43907 Telephone (740) 942-1500

EIN 25-1359034, or SSN (last 4 digits - optional) XXX-XX-


Part 1


OWNERS AND CONTROLLERS

Applicant's Name ROSEBUD MINING COMPANY

This attachment is to be completed and submitted with the permit application if the applicant is other than asingle proprietorship. Provide the following for all partners, officers, directors, and stockholders owning ten percentor more of any class of voting stock or other instruments of ownership, and any other person performing a functionsimilar to a director. Persons holding or who have held multiple positions must be listed separately for eachposition. If any owner or controller listed is a business entity and not an individual, also complete an Owners andControllers for that business entity.

Name of business entity Rosebud Mining Company

Name J. Clifford Forrest

Street address 301 Market Street

City Kittanning State PA Zip 16201

EIN 25-1359034, or SSN (last 4 digits) XJO(-XJ(-

Title of position within entity President

Date position assumed/ended (if applicable) 5/3111992 to /Current

Percent of ownership 100% Date of ownership 12/1411982




EIN 25-1359034, or SSN (last 4 digits) XXJ(-XJ(-

Title of position within entity Director

Date position assumed/ended (if applicable) 411611979/to Current

Percent of ownership 100% Date of ownership 12/14/1982




EIN 25-1359034, or SSN (last 4 digits) XJO(-XJ(-

Title of position within entity Treasurer

Date position assumed/ended (if applicable) 12121/1993/to Current


Submit and identify additional pages necessary to complete response,Part 1: Section A











Title of position within entity Shareholder



Name James Barker




Title of position within entity Executive Vice President

Date position assumed/ended (if applicable) 11/01/2007Ito Current

Percent of ownership 0% Date of ownership NA

Name James Barker




Title of position within entity Secretary

Date position assumed/ended (if applicable) 11/01/2007/to Current


Submit and identify additional pages necessary to complete response.Part 1: Section A







Name Dennis Grelle



EIN 25-1359034, or SSN (last 4 digits) )(J(X-)(J(-

Title of position within entity Manager

Date position assumed/ended (if applicable) 111612008/Current





EIN 25-1359034, or SSN (last 4 digits) X)(J(-)(J(-


Date position assumed/ended (if applicable) 1212111993/to 1110112007

Percent of ownership 100% Date of ownership 1211411982




EIN 25-1359034, or SSN (last 4 digits) XXX-)(J(-

Title of position within entity Vice President

Date position assumed/ended (if applicable) 1211411982/to 513111992

Percent of ownership 100% Date of ownership 1211411982








Name Juan Henkes



EIN 25-1359034, or SSN (last 4 digits) XJ(J(-JO(-


Date position assumed/ended (if applicable) 12/14/19821to 5/31/1992


Name Juan Henkes



EIN 25-1359034, or SSN (last 4 digits) XJ(J(-JO(-


Date position assumed/ended (if applicable) 12/14/1982/to 5/31/1992


Name David Ganoe



EIN 25-1359034, or SSN (last 4 digits) XJ(J(-xx-


Date position assumed/ended (if applicable) 12/14/1982/to 513111992



Revised 05108DNR-744-9010






Name David Ganoe



EIN 25-1359034, or SSN (last 4 digits) xxx-xx-


Date position assumed/ended (if applicable) 12114/1982/to 5/31/1992


Name Stephen McBride







Name Rudolph Westphal





Date position assumed/ended (if applicable) 5/31/19921to 12120/1993



Revised 05/08DNR·744-9010









EIN 25-1359034, or SSN (last 4 digits) XJ(X-XJ(-


Date position assumed/ended (if applicable) 513111992110 1212011993


Name

Street address

City State Zip

EIN , or SSN (last 4 digits) xxx-xx-

Title of position within entity

Date position assumed/ended (if applicable) /

Percent of ownership Date of ownership

Name

Street address

City State Zip







(4) Provide the following for all persons having the authority or ability to commit thefinancial, real property assets, or working resources of the applicant who are nototherwise identified as officers, directors or owners of the applicant. If none, checkbox: D. If any person listed is a business entity and not an individual, alsocomplete Owners and Controllers for that person.

Name D. Michael Jamison




o & C relationship to entity General Manager, Ohio OperationsDate 0 & C relationship began/ended (if applicable) 12/31/07/ Current

If necessary, submit additional pages to complete response.

(5) Provide the following for all persons owning or controlling the coal to be mined byanother person under a lease, sublease, or other contract and (a) having the right toreceive the coal after mining, or (b) having the authority to determine the manner inwhich another person conducts coal mining operations. If none, check box: D. Ifany person listed is a business entity and not an individual, also complete Ownersand Controllers for that person.

Name Rosebud Mining Company




o & C relationship to entityDate 0 & C relationship began/ended (if applicable) /

If necessary, submit additional pages to complete response.

(6) List below the person or persons primarily responsible for ensuring that the applicantwill comply with Chapter 1513 of the Revised Code and the rules adopted pursuantthereto while mining and reclaiming the area for which this permit is requested.

J. Clifford Forrest, President

(7) Has the applicant, any person or entity listed under items A (4) and (5), or anyperson or entity listed on the Owners and Controllers who "owned or controlled" or"owns or controls" held a coal mining permit in the United States within the fiveyears preceding the date of this application?


Yes ~ No 0 If "yes," submit Permit List.

Part 1

OHIO DEPARTMENT OF NATURAL RESOURCESDIVISION OF MINERAL RESOURCES MAIIIAGEMENT



This attachment is to be completed and submitted with the permit application if the applicant is other than asingle proprietorship. Provide the following for all partners, officers, directors, and stockholders owning ten percentor more of any class of voting stock or other instruments ofownership, and any other person performing a functionsimilar to a director. Persons holding or who have held multiple positions must be listed separately for eachposition. If any owner or controller listed is a business entity and not an individual, also complete an Owners andControllers for that business entity.





EIN 25-1359034. or SSN (last 4 digits) XXX-XJ(-


Date position assumed/ended (if applicable) 5/31/1992 to /CurrentPercent of ownership 100% Date of ownership 12/14/1982




EIN 25-1359034, or SSN (last 4 digits) xxx-xJ(-


Date position assumed/ended (if applicable) 411$/1919/to Current







Date position assumed/ended (if applicable) 1212111993/toCurrent




OHIO DEPARTMENT OF NATURAL RESOURCESDIVISION OF ""INERAL RESOURCES MANAGEMENT









Title of position within entity Shareholder



Name James Barker




Title of position within entity Executive Vice PreSident

Date position assumed/ended (if applicable) 11/01/2007Ito Current


Name James Barker





Date position assumed/ended (if applicable) 11/01/2007/to Current









Name Dennis Grelle



EIN 25.1359034, or SSN (last 4 digits) xxx-xx-

Title of position within entity Manager

Date position assumed/ended (if applicable) 1/1$/2008/Current





EIN 25·1359034, or SSN (last 4 digits) xxx-xx-







EIN 25·1359034, or SSN (last 4 digits) xxx-xx-

ntle of position within entity Vice President









Name of business entity Rosebud MinlngColnpany

Name Juan Henkes





Date position assumed/ended (if applicable) 1211411!l1l2Ito 5/31/1992


Name Juan Henkes





Date position assumed/ended (if applicable) 12114/1982/t05131/1992


Name David Ganoe














Name David Ganoe





Date position assumed/ended (if applicable) 1211411982/to 5131/1992


Name Stephen McBride







Name RUdolph Westphal



















Date position assumed/ended (if applicable) 5/31/1992/10 12120/1993


Name

Street address

City State Zip





Name

Street address

City State Zip








PERMIT LIST

Applicant's Name Rosebud Mining Company

Submit the following information for each coal mining operation owned or controlledby either the applicant or by any person who owns or controls the applicant.

Name of Business Entitv RosebUd Mining CompanyAddress 101 EasHlllarket Street. Suite 3City Cadiz State Ohio Zio 43907Teleohone (740) 942-1500EIN 25-1359034 or SSN (last 4 digits) XXX-XX-N/A

Permit State Regulatory MSHA Number and Date IssuedNumber Authority

03010103 PA PA_DEP Mininq & 36083350101-08-02Reclamation

03031301 PA PA DEP Mininq & 3609193/09-22-04Reclamation

03841tiU1 PA PA DEP Mininq & 3606771/03-31-87Reclamation

03851301 PA pA DEP Mininq & 3607843/10-17-88Reclamation

03380701 PA pA DE~ Mininq & 360671/09-14-88Reclamation


039113U:l PA PA DEP Mininq & 3608329/03-24-9:lReclamation


03991301 PA PA_DEP Mininq & 36()~lJ4!/01-o1-o0Reclamation 3608327/08-09-01

03991302 PA PA DEP Mininq & 3608886/09-08-01Reclamation 3608327/05-22-01

If not previously provided, indicate the ownership or control relationship of the businessentity with the applicant, including percent of ownership and location in organizationalstructure:

PAGE 1

Part 1: Section A



PERMIT LIST



Name of Business Entitv ROlilebud Mining CompanyAddress 101 East ....arket Street. Suite 3City Cadiz State Ohio Zio 43907Tefeohone (740) 942-1500EIN 25-1359034 or SSN (last 4 digits) XXX-XX-N/A

12-14-04

3609437110-26-06

3608836105-03-00

3608725/07-14- 4

3608 19/ 5-10-00

3609407105- 4-08

M

PA DEP MininqReclamation

PA DEP ininqReclamation

A

PA

PA

State

24991301 PA

32031301

17041301

3297 02

32041301

17743702


PAGE 2

Part 1: Section A



PERMIT LIST



Name of Business Entitv Rosebud Mining CompanyAddress 101 East Market Street. Suite 3City Cadiz State Ol1io Zio 43907Teleohone f7401 942-1500EIN 25-1359034 or SSN (last 4 digits) XXX-XX-N/A

Permit State Kegulatory M~HA Number and Date IssuedNumber Authority

55743705 PA PA oEP Mininq & 3605065/12-27-85Reclamation

56841328 PA PA~DEP Mininq & 3605065/03-06-87Reclamation

0-2177 OH OONR-DMRM 3304509/06-23-05

0-2177-2 OH -DMRM 3304509/04

D-2177-1 OH -uMRM 3304509107-25-08


PAGE 3

Part 1: Section A


(8) Does the applicant, any person or entity listed under items A (4) and (5), or anyperson or entity listed on Owners and Controllers have a pending coal miningapplication in any state of the United States?

Yes ~ No 0 If "yes," submit Pending Application List.

(9) Submit Certificate of Insurance.

B. COMPLIANCE INFORMATION

(1) Has the applicant, any subsidiary, affiliate or persons controlled by or undercommon control with the applicant:

(a) Had a federal or state coal mining permit suspended or revoked in the fiveyears preceding the data of submission of this application?

Yes 0 No ~ If "yes," submit Suspension. Revocation & Forfeiture List.

(b) Forfeited a mining bond or similar security deposited in lieu of bond?

Yes 0 No ~ If "yes," submit Suspension, Revocation & Forfeiture List.

(2) Has the applicant been issued notices of violation (NOVs) in connection with anycoal mining and reclamation operation during the three years preceding the date ofsubmission ofthis application for violations of Chapter 1513 of the Revised Code orthe Administrative Code, or of any federal or state law, rule, or regulation pertainingto air or water environmental protection?

Yes ~ No 0 If "yes," submit NOV List.

(3) Have any unabated federal or state cessation orders (COs) and unabated air andwater quality notices of violations (NOVs) been received prior to the submission dateof this application by any coal mining and reclamation operation owned or controlledby either the applicant or by any person who owns or controls the applicant?

Yes 0 No ~ If "yes," submit Unabated Violations.


Part 1


PENDING APPLICATION LIST


Provide the following information for each pending coal mining application for eitherthe applicant or any person who owns or controls the applicant.

Indicate the business entity for which this listing has been completedRosebud Mining Company

Application No. Name of Regulatory Authority State

03851302 PA DEP Mining & Reclamation PA





32951301 PA DEP Minina & Reclamation PA




10387 ODNR-DMRM OH

Part 1: Section A


APR-15-2009 16:04 ESS INSURANCE GROUP

OHIO DEPARTMENT OF NATURAL RESOURCESDIVISION OF MINERAl. RESOURCES MANAGEMENT

CERTIFICATE OF INSURANCE

724 548 1371 P.02

Name of Insured Rosebud Mining Company

This is to cerljfy that the policy of insurance listed below has been issued to the above namedInsured and is in force at this time, The POlicy provides bodily injury and property damage Insurance forall coal mining and reclamalion operations oftha insured in the state of Ohio as required by 1501 :13-7-07 of the Administrative Code staled below.

Name of Insurer Rockwood Casualty Insurance Company

P


NOV LISTApplicant's Name Rosebud Mining Company

Permit Violation Date of Issuing State Brief Description of NOV Action Taken to Abate Current Status of NOVNumber Number Issuance Agencv NOV (*)

17743702 N/A 11-15-05 PADEP PA Air Quality-Operating with Plan updated. AbatedAQ Expired Plan

03991301 121905 12-19-05 PADEP PA Air Quality-Operating with Plan updated. AbatedAQ Expired Plan

03010103 61008 3-08-06 PADEP PA Failure to have all ponds Certifications submitted AbatedM&R certified.

03031301 N/A 8-10-06 PADEP PA Exceeding tonnage limit Plan revised AbatedAQ

13991302 61035 9-08-06 PADEP PA Water-Effluent limitations Treatment provided AbatedM&R exceeded

13991301 71006 3-02-07 PADEP PA Ditch breach Repaired ditch AbatedM&R

17743702 030807 3-08·07 PADEP PA Coal stockpiles outside Dust Plan Modification PendingAQ Tube Area Submitted

03031301 0331301 4-6-07 PADEP PA Water-effluent limitations Treatment provided AbatedM&R exceeded

(*) If administrative or judicial proceedings have been initiated concerning any of the violations, identify the violation and provide anaddendum indicating the date, location, type of proceeding, and current status.

Part 1: Section B



OTHER BUSINESS ENTITIES


A separate attachment is to be submitted for each business entity.


Statutory agent Statutory Agent Corporation

Street Address 52 East Gay Street

City Columbus State OH Zip (614) 464-6389

Person's name J. Clifford Forrest Position President

Street Address 301 Market Street


Person's name J. Clifford Forrest Position Director



Person's name J. Clifford Forrest Position Treasurer



Person's name J. Clifford Forrest Position Shareholder



Part 1: Section C



OTHER BUSINESS ENTITIES


A separate attachment is to be submitted for each business entity.


Statutory agent Statutory Agent Corporation

Street Address 52 East Gay Street

City Columbus State OH Zip (614) 464-6389

Person's name James Barker Position Executive Vice President



Person's name James Barker Position Secretary



Person's name Dennis Grelle Position Manager



Person's name

Street Address

Position

City State Zip

Part 1: Section C


(2) Provide the following information for the holders of record of any leasehold interestin the property to be mined or affected by surface operations or facilities, indicatingwhether the held interest is of surface, coal or non-coal mineral rights.

Leaseholder Name Rosebud Mining Company



Surface C8J, Coal C8J, Non-Coal Mineral D

Leaseholder Name

Address

City State

Surface D, Coal D,Zip Telephone

Non-Coal Mineral D

Submit and identify additional pages necessary to complete response.

(3) Are there purchasers of record under a real estate contract of the coal to be minedor property to be affected by surface operations and facilities?

Yes D No C8J If "yes," submit Purchasers of Record.

(4) Is any owner, holder or purchaser listed in items C (1) or (2), a business entity otherthan a single proprietorship?

Yes C8J No D If "yes," submit Other Business Entities.(5) Is any part of the permit area adjacent (within 100') to any lands that are not owned

by those persons identified in item C (1)?

Yes C8J No D If "yes," submit Adjacent Owners.(6) Does the applicant hold lands, interests in lands, options or pending bids on

interests for lands that are contiguous to this application area?

Yes D No C8J If "yes," list those that are contiguous to this application area.

(7) Is it anticipated that mining permits would be sought for any of those landsdescribed in item C (6) above?

Yes D No C8J If "yes," describe contiguous properties for which permits may besought, to include the size, 'sequence and timing of future mining permits.

(8) Identify the right of entry documentation that is being provided that allows for surfaceoperations and facilities on this application area:


DC8J

A copy of the right-of-entry documents attached as addenda, orA Right-of-Entry Affidavit

Part 1


ADJACENT OWNERS

Applicant's Name ROSEBUD MINING, INC.

Name of owner VICTOR C. & ROBIN ARBOGAST

Address 1036 SCIO ROAD SW

City CARROLLTON State OH Zip 44615

~ Surface, ~ Coal, ~ Non-Coal Mineral

Name of owner CHARLES G. & LEDDI J. MOYER

Address 15 PENNY ROAD SW


~ Surface, 0 Coal, ~ Non-Coal Mineral

Name of owner W. JOSEPH & PATRICIA ANN WUERL

Address 1157 ALAMO ROAD SE



Name of owner ROBERT E. LUCAS

Address 126 ASCOT ROAD SE



Name of owner

Address

City State Zip

o Surface, 0 Coal, 0 Non-Coal MineralPart 1: Section C


(9) Has the private mineral estate (coal) been severed from the private surface estate?

Yes IZI No 0 If "yes," indicate which documentation is provided:

o Surface Owners' ConsentIZI A copy of the document of conveyance that expressly grants or reserves the rightto extract the coal by surface mining methods

o If the document of conveyance does not expressly grant the right to extract thecoal by surface mining methods, documentation that under state law, the applicanthas the legal authority to extract coal by those methods.

(10) Identify the right of entry documentation that is being provided that allows for coalmining operations within the underground workings:

A copy of the right-of-entry documents attached as addenda, orA Rig ht-of-Entry Affidavit


Part 1

Addendum Part 1 (C) (7)Rosebud Mining Company

ChiefOhio Department ofNatural ResourcesDivision of Mineral Resources Management2045 Morse Road, Building H-3Columbus, Ohio 43229

RE: Rosebud Mining CompanyCarrollton #6 Deep MineSection 35, T-13-N, R-5-W,Union Township, Carroll County, Ohio

Dear Chief:

Being the undersigned, being property owner(s) on the above referenced property, arecurrently negotiating a lease/sale with Rosebud Mining Company for 1.50 acres for thepurpose of underground coal mining operations.

During these negotiations l/we give mining industry and government official's access toour property for the purpose ofany pertinent field reviews.

Sincerely,

Property Owner Print/Signature

Date


RIGHT-OF-ENTRY AFFIDAVIT



State of Ohio, Tuscarawas County, ss. D. Michael Jamison being first dulysworn, says that the following described documents convey to the applicant thelegal right explained below and is a subject of litigation as shown below.

Type of document Lease

Execution Date August 14, 2009

Expiration Date 20 years and as long as mining continues

Parties: From Kirk A. Rogers to Rosebud Mining Company

Description of land: Number of Acres 2.00

County Carroll Township Union

Section 29 LotT·13, R-5

Explanation of legal rights claimed The exclusiye right to deep mine the No.6Middle Kittanning seam of coal and otherwise to develop, wotk,andprocess for the market said coal by any deep mine method or machinerynow or hearafter employed, including the free and uninterrrupted right andright of way into, under, and through the subsurface of said land.

No IZI

&!l'~1 ~tJ;;tsDate Position

ANNE MARIE BESECENotary Public, State of Ohio

My Commission Expires February 13, 2011

Sworn to before me and subscribed in my presence this I rrtJ- day of,QAc--eav.d ,20 0 q

~h1~~Notary Public

02106DNR-744-9060









Parties: From Arlie D. and Deborah A. Lamb to Rosebud Mining Company


County Carroll

Section 36

Township Union

LotT-13, R-5

Explanation of legal rights claimed The exclusive right to deep mine the 1110. 6Middle Kittanning seam of coal and otherwise to develop, work, andprocess for the market said coal by any deep mine method or machinerynow or hearafter employed, including the free and uninterrrupted right andright of way into, under, and through the subsurface of said land.

Date

Pending litigation Yes 0 No 0

Position

02/06DNR-744-9060

ANNE MARIE BESECENotary Public, stale ofOhio

My Commission Expires February 13, 2011







Execution Date July 30, 2009


Parties: From James B. & Angela J. Prince to Rosebud Mining Company



Section 29 Lot T-13, R-5

Explanation of legal rights claimed The exclusive right to deep l'F!.ine th~ NQ. 6Middle Kittanning seam of coal and otherwise to develop, work,andprocess for the market said coal by any deep mine method or machinerynow or hearafter employed, including the free and uninterrrupted right lindright of way into, under, and through the subsurface of said land.

Pending litigation Yes 0

Signature

No ~

Position

ANNE MARIE SESECENotary Public, Slale or Ohio

My Commission Expires FebRJary 13. 2.0.11

Sn;:'~~~:10re me and subscribed in my presence this~__,20()q

~hM~~Notary Public

02/06DNR-744-9060







Execution Date July 27,2009


Parties: From Clarence F. and Sharon K. Harter to Rosebud MiningCompany



Section 36 Lot T-13, R-5

Explanation of legal rights claimed The exclusive right to deep mine th~ No.6Middle Kittanning seam of coal and otherwise to develop, work, andprocess for the market said coal by any deep mine method or machinElrynow or hearafter employed, including the free and unh'lterrrupted right andright of way into, under, and through the subsurface of said land.

Signature of . t

No ~

¥t/Cf ~#~~#5Date Position

am to before me and subscribed in my presence this /;L..-I::J.. day of,r1- , 2009

~ lYlv0-)60.o1&...Notary Public ANNE MARIE BESECE

Notary Public. Slate ofOhioMyCOlIUllIS$lon Expires February 13. 2011

02/06DNR-744-9060


OCCUPIED DWELLING CONSENT


Pursuant to Ohio Administrative Code section 1501 :13-3-03 and subjectto valid existing rights,in order for a company to conduct coal mining operations within 300 feet of an occupied dwelling,permission must be obtained from the owner(s) thereof. The company designated above thereforerequests that you sign this form, evidencing your consent to the company to conduct coal miningoperations within 300 feet (measured horizontally) of your dwelling.

I/We, the undersigned, having the iegal right to deny mining, hereby consent to coal miningoperations, except those described in item 1 below, being conducted within 300 feet, but no closerthan 50 feet, of my/our dwelling located as described in item 2 below.

IT IS UNDERSTOOD THAT THE SIGNING OF THIS FORM DOES NOT RELEASETHE MINING COMPANY FROM LIABILITY FOR ANY DAMAGES TO MY/OURSTRUCTURE(S) WHICH MAY OCCUR AS A RESULT OF COAL MININGOPERATIONS. IT IS ALSO UNDERSTOOD THAT "COAL MINING OPERATIONS"MAY INCLUDE ANY OR ALL OF THE FOLLOWING ACTIVITIES: EXCAVATION,STOCKPILING OF SOIL OR SPOiL, POND CONSTRUCTION, BLASTING,RECLAMATION AND ANY OTHER RELATED ACTIVITIES.

IT IS UNDERSTOOD THAT BY SIGNING THIS CONSENT, I/WE KNOWINGLYWAIVE THE RIGHT TO DENY MiNING WITHIN 300 FEET OF THE DWELLlNG(S)DESCRIBED BELOW,

1. Describe any activity, e.g. pond construction, which you do not consent to being conductedwithin 300 feet of your occupied dweliing,

Number of dwellings: 1

Dwelling location(s):

2. a)

b) County Carroll Township Union

Section 6 Lot

Along, or access from, which public road? State Route 332

3. Name(s) and Signature(s) of Owner(s):

(Print)

Date: k!~.5f~~~tXJ!

(Print)Name:

Name: D. Michael Jamison/Rosebud Minin

Signature~ < f}/I1, ~/d-JPer~I-t -;." S

Signature: Date:------------- --------

Name: ---------------- (Print)

Signature: Date:------------- -------

Part 1: Section D


OHIO DEPARTMENT Of NATURAL RESOURCESDIVISION Of MINERAL RESOURCES MANAGEMENT

RIGHT-Of-ENTRY AFFIDAVIT


RIGHT-OF·ENTRY AFFIDAVIT

State of Ohio, Harrison County, ss. D. Michael Jamison being first duly sworn,says that the following described documents convey to the applicant the legalright explained below and is a subject of litigation as shown below.



Expiration Date August 6, 2023 and so long as mining continues as Pllrtofthe common mine.

Parties: From Thomas E. Mitchell to Rosebud Mining Company

Description of land: Number of Acres Tract 1 (39.925), Tract 2(1.11.726).=151.651 Acres


Section 28, 33, 34 Lot T.13, R·5

Explanation of legal rights claimed The exclusive right to deep mine. the No, 6Middle Kittanning coal seam, develop, work & process for the market ofsaid coal by any deep mine method, including the free and tlnil1terrup(edright and right of way into, under, and through the subsurface of saidlimd.

Pending litigation Yes D

, ~, ...... "

ANNE MARIE BESECENotary Public, Slate ofOhio

My Commission Expires February 13, 2011. . ..... ~" I I VI Lu , ,

Sworn to before me and subscribed in my presence this .t2.t/:tA"day of,¥ ,2002--'.d}-ailY.-"~~h1W-~Notary Public

02/06DNR-744-9060

MEMORANDUM OF LEASE FOR RECORDING-THIS MEMORANDUM OF LE'ASE FOR RECORDING, hereinafter referred to as

MEMORANDUM, entered into this 1st day of July, 2008, by and between Thomas E.Mitchell, single, of 391 Canton Road, Carrollton, Ohio 44615, hereinafter referred to asLESSOR, and Rosebud Mining Company, a Pennsylvania Corporation, of 301 MarketStreet, Kittanning, PA 16201, hereinafter referred to as LESSEE.

WITNESSETH:

1. The LESSOR and the LESSEE hereto are Parties to a Lease dated the 1stday of July, 2008.

2. This Memorandum is entered into by the Parties under favor of Ohio RevisedCode, Section 5301.251.

3. The names and addresses of LESSOR and LESSEE, as set forth in theLease, are the same as set forth in the first full paragraph of this Memorandum.

4. The premises so leased are described on Exhibit "A" attached hereto andincorporated herein.

5. DESCRIPTION OF MINING RIGHT

LESSOR grants to LESSEE the exclusive right to deep mine the NO.6 MiddleKittanning seam of coal and otherwise to develop, work, and process for the marketsaid coal and coal on other properties now owned or Leased or hereafter acquired byLESSEE, its successors or assigns, ("Other Coal") by any deep mine method ormachinery now or hereafter employed, including the free and uninterrupted right andright of way into, under, and through the subsurface of said land at such points and insuch manner as may be convenient or necessary for the purpose of all operations inconnection therewith and in the horizons of said coal seams in the strata above orbelow the same and Other Coal, including but not limited to, the transportation ofpersonnel, supplies, and equipment, and the right to explore and test drill, dig, mine,drain, venti/ate, transport, and carry away said coal and other material (boney, rock,clay, etc.) for the purpose of mining said coal and Other Coal and materials now ownedor which may hereafter be acqUired by LESSEE; and the rights, easements, license,waivers, and privileges herein granted are an enlargement of and not in restriction of therights incidental to the ownership of coal and the same shall not terminate by reason ofthe completion of mining in or on the within described property. This Agreementprovides for underground mining rights only, surface disturbance shall be limited todrilling test holes, surveying and exploration at locations agreed to by the LESSOR inadvance of drilling.

1

200~;00003(1;~1r

OF- 'J6'~200e At 10=08 ~M.MEMO LEASE ~:56. ;~jl)Dr,' ~ook H~ F'tJ3 ~~ 1~):? t 51~'PArRl CIA J, OYERm' 'iI'DC,~

".,

6. TERM

The lease term shall be Fifteen (15) years from the date hereof, and so longthereafter as any of the mining operations described and permitted in said Lease arebeing conducted on leased premises or on Other Coal on other lands owned, controlledor operated now or in the future by LESSEE, its successors and assigns. as part of acommon mine.

LESSEE shall solely determine the definition of mineable and merchantable coaland the quantity and progress of the mining of such coal subject to the terms of thisLease. There is no obligation of the LESSEE to commence mining or to engage incontinuous mining operations on the Leased premises, and the failure by LESSEE tocommence mining, or to engage in continuous mining operations. shall not be groundsfor forfeiture of this Lease by LESSOR. their heirs, executors. administrators, orassigns. Following termination of the Lease, LESSEE shall have the right to removeany improvements, structures, fixtures, machinery, equipment and supplies, or otherproperty of LESSEE from the Lease premises. LESSEE has the right to re-enter theproperty in the event it is required by law to take any action in respect to the premises.

This Memorandum of Lease is not intended to vary or supersede the full LeaseAgreement and in the event that anything contained herein appears to vary or contradictanything contained in the text of the full Lease Agreement. then the text of the full LeaseAgreement shall control.

IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto havecaused this Memorandum to be executed and delivered as of the date first abovewritten.

LESSOR: LESSEE:

"Rosebud Mining Company

:/ ,/.

".~~'./ ~&.a::.::""",,~~~~...:.a.,--r~/:::'::'.~'J/':::../~.~q By:----·'

J. Clifford rrest, President

2

·'."

STATE OF OHIO:

COUNTY OF CARROLL:ss

This day, came Thomas E. Mitchell who acknowledged that he did sign theforegoing instrument and that the same is his free act and deed,

In Testimony Whereof, I have hereunto subscribed my name and affixedmy official seal this :JW day of '-x:i'l!e , 2008.

COMMONWEALTH OF PENNSYLVANIA:

COUNTY OF ARMSTRONG:ss

This day, came Rosebud Mining Company, a Pennsylvania Corporation, by J.Clifford Forrest, its President, who acknowledged that he, being duly hereuntoauthorized, did sign the foregoing instrument and that the same is his free act and deed.

In Testimony Whereof, I have hereunto subscribed my name and affixed myofficial seal this ,2/Jr day of -::::rvly . 2008.

This instrument prepared by:Rosebud Mining Company301 Market StreetKittanning, PA 16201

3

EXHIBIT "A"LEGAL DESCRIPTION

TBACT 1: Situated in the Township of Union, County of Carroll and State of Ohio: Knownas and being located in the northeast quarter of Section 33 in Township 13, Range 5 andbeing a part of a 233.233 acre tract heretofore conveyed to Mary Charlotte Hughes by deedrecorded in Volume 194 at Page 294 of the Carroll County Deed Records, the part herebyconveyed being more fUlly described as follows: Beginning at an iron pin found at thenortheast corner of section 33; thence from said beginning with the east line of section 33and the westerly bounds of a 19.0 acre tract (D.V. 201 P. 738), a 16.50 acre tract (D.v. 208P. 794) and a 22.0 acre tract (DV 194 P. 284) south 5 deg 14 min 10 sec west, 2016.49feet to an iron pin found; thence continuing with said section line and the westerly bound ofsaid 22.0 acre tract south 5 deg 14 min 10 sec west 26.68 feet to a railroad spike set incounty road #19 (Autumn Road) at the northeast corner of a 41.658 acre tract (D. V. 211 P.658); thence leaving said section line and said bounds and in said road with the northerlybounds of said 41.658 acre tract the following four (4) courses: North 68 deg 51 min 10sec west, 44.19 feet to a railroad spike set; thence north 68 deg 17 min 54 sec west 550.91feet to a railroad spike set; thence north 58 deg 42 min 47 sec west 368.35 feet to arailroad spike set and north 76 deg 00 min 53 sec west 17.34 feet to a railroad spike set;thence leaVing said road and said bounds north 5 deg 14 min 30 sec east, 35.90 feet to aniron pin set; thence continuing north 5 deg 14 min 30 sec east 1670.00 feet to an iron pinset on the north line of Section 33; thence with said section line south 85 deg 03 min 00 seceast, 918.71 feet to the place of beginning, containing 39.925 acres more or less, butSUbject to all legal highways, rights-of-way, easements and leases of record.

The foregoing description is based on field surveys performed by David A. Miskimen, RS.5970 in March 1978 and November 1983. The bearings are oriented to the abovementioned233.233 acre tract deed. The iron pins set are No.5 re-bars thirty inches in length with aplastic cap stamped with said surveyor's initials and registration number and the iron pinsfound are solid steel, 3/4 inch diameter.

Tax Parcel No.: 33-01511.000

TRACT 2: Situated in the Township of Union, County of Carroll and State of Ohio: Known asand being located in the southeast quarter of Section 34 and the southwest quarter ofSection 28 in Township 13, Range 5 and being a part of a 233.233 acre tract heretoforeconveyed to Mary Charlotte Hughes by deed recorded in Volume 194 at Page 294 of theCarroll County Deed Records, the part hereby conveyed being more fully described asfollows: Beginning at an iron pin found at the southeast corner of Section 34; thence fromsaid beginning with the south line of said Section 34, North 85 deg 03 min 00 sec west2778.84 feet to an iron pin found at the southwest corner of the southeast quarter of section34 and the southeast corner of a 137.50 acre tract (D.v. 138 P. 245); thence with the westline of said southeast quarter and the easterly bound of said 137.50 acre tract north 5 deg 25min 43 sec east 1717.21 feet to an iron pin found at the southwest corner of a 229.772 acretract (D.V. 194 P. 288); thence leaving said west line and bound and with the southerly

1

·'.

bound of said 229.772 acre tract south 64 deg 52 min 35 sec east 1973.94 feet to an iron pinfound, thence continuing with said bound south 84 deg 52 min 35 sec east, 764.89 feet to apoint on the east line of section 34; thence continuing with said bound south 84 deg 52 min35 sec east 290.00 feet to an iron pin found; thence continuing with said bound south 84 deg52 min 35 sec east, 35.68 feet to an iron pin set in county road #8 (Alamo Road) on awesterly bound of a 10.0 acre tract (OV 168 P. 841); thence in said road with said westerlybound and the westerly bounds of a 4.96 acre tract (OV. 190 P. 259) and a 30.18 acre tract(DV. 193 P. 34) South 7 deg 44 min 26 sec East 346.42 feet to an iron pin set at thenortheasterly corner of a 22.32 acre tract (OV. 168 P. 739); thence leaving said road andsaid bounds and with the northerly bound of said 22.32 acre tract north 85 deg 44 min 26 secwest, 50.67 feet to an iron pin found; thence continuing with said bound north 85 deg 44 min26 sec west 350.00 feet to an iron pin found at the northwest corner of said 22.32 acre tracton the west line of section 28; thence with the westerly bound of said 22.32 acre tract andthe west line of section 26 South 4 deg 45 min 34 sec west, 1365.00 feet to the place ofbeginning, containing 111.726 acres of which 108.883 acres are in the southeast quarter ofsection 34 and 2.643 acres are in the southwest quarter of section 28, be the same more orless but subject to all legal highways, rights-of-way, easements and leases of record.

The foregoing description is based on field surveys performed by David A. Miskimen, R.S.5970 in March 1978 and November 1963. The iron pins set are No.5 re-bars thirty inches inlength with a plastic cap stamped with said surveyor's initials and registration number and theiron pins found are solid steel, 3/4 inch diameter. The bearings are oriented to theabovementioned 233.233 acre tract deed.

Tax Parcel No.: 33·01509.000Prior Instrument Reference: .g~,elL.~unty qeed Volume 2.61 ,f.!lge 4Z~

2


RIGIH-OF-ENTRY AFFIDAVIT



State of Ohio, Harrison County, ss. D. Michael Jamison being first duly sworn,says that the following described documents convey to the applicant the legalright explained below and is a subject of litigation as shown below.



Expiration Date August 6, 2023 and so long as mining continues as part ofthe common mine.

Parties: From Thomas E. Mitchell to Rosebud Mining Company

Description of land: Number of Acres Tract 1 (39.925), Tract 2 (111.726) =151.651 Acres


Section 28, 33, 34 Lot T·13, R-5

Explanation of legal rights claimed The exclusive right to deep mine the No.6Middle Kittanning coal seam, develop, work & process fQr the market ofsaid coal by any deep mine method, including the free and uninterruptedright and right of way into, under, and through the subsurface of said land.

Pending litigation Yes 0 No ~

fR - Z4: -~9 6.11'.121tJAio Cjk;-J Iro~Date Position

. .. , ...... "

ANNE MARIE BESECENotary PubHc, Slale of Ohio

My Commission Expires February 13, 2011. '~'''~''J 'V.Ll,J".

Sworn to before me and subscribed in my presence this~ t/-tJ.... day of,¥ ,20 09~~,,-,=-----h1~~Notary Public

02/06DNR-744-9060

MEMORANDUM OF LEASE FOR RECORDING

THIS MEMORANDUM OF LEASE FOR RECORDING, hereinafter referred to asMEMORANDUM, entered into this 1st day of July, 2008, by and between Thomas E.Mitchell, single, of 391 Canton Road, Carrollton, Ohio 44615, hereinafter referred to asLESSOR, and Rosebud Mining Company, a Pennsylvania Corporation, of 301 MarketStreet, Kittanning, PA 16201, hereinafter referred to as LESSEE.

WITNESSETH:

1. The LESSOR and the LESSEE hereto are Parties to a Lease dated the 1stday of July, 2008.

2. This Memorandum is entered into by the Parties under favor of Ohio RevisedCode, Section 5301.251.

3. The names and addresses of LESSOR and LESSEE, as set forth in theLease, are the same as set forth in the first full paragraph of this Memorandum.

4. The premises so leased are described on Exhibit "A" attached hereto andincorporated herein.

5. DESCRIPTION OF MINING RIGHT

LESSOR grants to LESSEE the exclusive right to deep mine the NO.6 MiddleKittanning seam of coal and otherwise to develop, work, and process for the marketsaid coal and coal on other properties now owned or Leased or hereafter acquired byLESSEE, its successors or assigns, ("Other Coal") by any deep mine method ormachineJ1( now or hereafter employed, including the free and uninterrupted right andright of way into, under, and through the subsurface of said land at such points and insuch manner as may be convenient or necessary for the purpose of all operations inconnection therewith and in the horizons of said coal seams in the strata above orbelow the same and Other Coal, inclUding but not limited to, the transportation ofpersonnel, supplies, and equipment, and the right to explore and test drill, dig, mine,drain, ventilate, transport, and carry away said coal and other material (boney, rock,clay, etc.) for the purpose of mining said coal and Other Coal and materials now ownedor which may hereafter be acquired by LESSEE; and the rights, easements, license,waivers, and privileges herein granted are an enlargement of and not in restriction of therights incidental to the ownership of coal and the same shall not terminate by reason ofthe completion of mining in or on the within described property. This Agreementprovides for underground mining rights only, surface disturbance shall be limited todrilling test holes, surveying and exploration at locations agreed to by the LESSOR inadvance of drilling.

200E;OOOO;'-:l).::'~

OF '1(,···200& At 1.0 ,o8 aM.MEMO LEASE ':::,~" ;~1I)Of,' ~IJD'" 4E F'lEl~ {~~~?- 13{PATRIC1.A .", OYERRf·_·H-'OtJ;~

The lease term shall be Fifteen (15) years from the date hereof, and so longthereafter as any of the mining operations described and permitted in said Lease arebeing conducted on leased premises or on Other Coal on other lands owned, controlledor operated now or in the future by LESSEE, its successors and assigns, as part of acommon mine.

LESSEE shall solely determine the definition of mineable and merchantable coaland the quantity and progress of the mining of such coal subject to the terms of thisLease. There is no obligation of the LESSEE to commence mining or to engage incontinuous mining operations on the Leased premises, and the failure by LESSEE tocommence mining, or to engage in continuous mining operations, shall not be groundsfor forfeiture of this Lease by LESSOR, their heirs, executors, administrators, orassigns. FollOWing termination of the Lease, LESSEE shall have the right to removeany improvements, structures, fixtures, machinery, equipment and supplies, or otherproperty of LESSEE from the Lease premises. LESSEE has the right to re-enter theproperty in the event it is reqUired by law to take any action in respect to the premises.

This Memorandum of Lease is not intended to vary or supersede the full LeaseAgreement and in the event that anything contained herein appears to vary or contradictanything contained in the text of the full Lease Agreement, then the text of the full LeaseAgreement shall control.

IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto havecaused this Memorandum to be executed and delivered as of the date first abovewritten.

LESSOR: LESSEE:

Rosebud Mining Company~

-=::::::::::.,C

"

STATE OF OHIO:SS

COUNTY OF CARROLL:

This day, came Thomas E. Mitchell who acknowledged that he did sign theforegoing instrument and that the same is his free act and deed,

In Testimony Whereof, I have hereunto subscribed my name and affixedmy official seal this ;)W day of 'J'J",e ,2008.

COMMONWEALTH OF PENNSYLVANIA:SS

COUNTY OF ARMSTRONG:

This day, came Rosebud Mining Company, a Pennsylvania Corporation, by J.Clifford Forrest, its President, who acknowledged that he, being dUly hereuntoauthorized, did sign the foregoing instrument and that the same is his free act and deed.

In Testimony Whereof, I have hereunto subscribed my name and affixed myofficial seal this g/Jr day of -::Jvly ,2008.

Notary Public

r-"~~:;;;'i,~~~;:

EXHIBIT "A"LEGAL DESCRIPTION

TRACT 1: Situated in the Township of Union, County of Carroll and State of Ohio: Knownas and being located in the northeast quarter of Section 33 in Township 13, Range 5 andbeing a part of a 233.233 acre tract heretofore conveyed to Mary Charlotte Hughes by deedrecorded in Volume 194 at Page 294 of the Carroll County Oeed Records, the part herebyconveyed being more fully described as follows: Beginning at an iron pin found at thenortheast corner of section 33; thence from said beginning with the east line of section 33and the westerly bounds of a 19.0 acre tract (D.V. 201 P. 738), a 16.50 acre tract (D.Y. 208P. 794) and a 22.0 acre tract (D.V. 194 P. 284) south 5 deg 14 min 10 sec west. 2016.49feet to an iron pin found; thence continuing with said section line and the westerly bound ofsaid 22.0 acre tract south 5 deg 14 min 10 sec west 26.68 feet to a railroad spike set incounty road #19 (Autumn Road) at the northeast corner of a 41.658 acre tract (D. V. 211 P.658); thence leaving said section line and said bounds and in said road with the northerlybounds of said 41.658 acre tract the following four (4) courses: North 68 deg 51 min 10sec west, 44.19 feet to a railroad spike set; thence north 68 deg 17 min 54 sec west 550.91feet to a railroad spike set; thence north 58 deg 42 min 47 sec west 368.35 feet to arailroad spike set and north 76 deg 00 min 53 sec west 17.34 feet to a railroad spike set;thence leaving said road and said bounds north 5 deg 14 min 30 sec east, 35.90 feet to aniron pin set; thence continuing north 5 deg 14 min 30 sec east 1670.00 feet to an iron pinset on the north line of Section 33; thence with said section line south 85 deg 03 min 00 seceast, 918.71 feet to the place of beginning, containing 39.925 acres more or less, butsubject to all legal highways, rights-of-way, easements and leases of record.

The foregoing description is based on field surveys performed by David A. Miskimen, R.S.5970 in March 1978 and November 1983. The bearings are oriented to the abovementioned233.233 acre tract deed. The iron pins set are NO.5 re-bars thirty inches in length with aplastic cap stamped with said surveyor's initials and registration number and the iron pinsfound are solid steel, 3/4 inch diameter.

Tax Parcel No.: 33-01511.000

TRACT 2: Situated in the Township of Union, County of Carroll and State of Ohio: Known asand being located in the southeast quarter of Section 34 and the southwest quarter ofSection 28 in Township 13, Range 5 and being a part of a 233.233 acre tract heretoforeconveyed to Mary Charlotte Hughes by deed recorded in Volume 194 at Page 294 of theCarroll County Deed Records, the part hereby conveyed being more fully described asfollows: Beginning at an iron pin found at the southeast corner of Section 34; thence fromsaid beginning with the south line of said Section 34, North 85 deg 03 min 00 sec west2778.84 feet to an iron pin found at the southwest corner of the southeast quarter of section34 and the southeast corner of a 137.50 acre tract (D.v. 138 P. 245); thence with the westline of said southeast quarter and the easterly bound of said 137.50 acre tract north 5 deg 25min 43 sec east 1717.21 feet to an iron pin found at the southwest corner of a 229.772 acretract (O.Y. 194 P. 288); thence leaving said west line and bound and with the southerly

1

bound of said 229.772 acre tract south 84 deg 52 min 35 sec east 1973.94 feet to an iron pinfound, thence continuing with said bound south 84 deg 52 min 35 sec east, 784.89 feet to apoint on the east line of section 34; thence continuing with said bound south 84 deg 52 min35 sec east 290.00 feet to an iron pin found; thence continuing with said bound south 84 deg52 min 35 sec east, 35.68 feet to an iron pin set in county road #8 (Alamo Road) on awesterly bound of a 10.0 acre tract (O.v. 168 P. 841); thence in said road with said westerlybound and the westerly bounds of a 4.96 acre tract (O.V. 190 P. 259) and a 30.18 acre tract(O.V. 193 P. 34) South 7 deg 44 min 26 sec East 346.42 feet to an iron pin set at thenortheasterly corner of a 22.32 acre tract (O.v. 168 P. 739); thence leaving said road andsaid bounds and with the northerly bound of said 22.32 acre tract north 85 deg 44 min 26 secwest, 50.67 feet to an iron pin found; thence continuing with said bound north 85 deg 44 min26 sec west 350.00 feet to an iron pin found at the northwest corner of said 22.32 acre tracton the west line of section 28; thence with the westerly bound of said 22.32 acre tract andthe west line of section 28 South 4 deg 45 min 34 sec west, 1365.00 feet to the place ofbeginning, containing 111.726 acres of which 108.883 acres are in the southeast quarter ofsection 34 and 2.843 acres are in the southwest quarter of section 28, be the same more orless but subject to all legal highways, rights-of-way, easements and leases of record.

The foregoing description is based on field surveys performed by David A. Miskimen, R.S.5970 in March 1978 and November 1983. The iron pins set are No.5 re-bars thirty inches inlength with a plastic cap stamped with said surveyor's initials and registration number and theiron pins found are solid steel, 3/4 inch diameter. The bearings are oriented to theabovementioned 233.233 acre tract deed.

Tax Parcel No.: 33-01509.000Prior Instrument Reference: Carroll County Deed Volume 261, Page 474

~._=,,,,,%_r'

2


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, ,

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Type of document Warranty Deed

Execution Date February 9, 2009

Expiration Date None

SH 23 2GU9" • r ..... '\ j ,

Parties: From Joseph Jerald Teeter & Kerry A. Teeter to Rosebud MiningCompany


County Carroll

Section 36 & 6

Township Union

Lot T-13, R-5/T-14, R-6

Yes 0

Explanation of legal rights claimed All surface and mining rights (th~exclusive right to deep mine the No.6 Midc:lle Kittanning coal Seam,develop, work, and process for market said coal by any deep mine method,including the free and uninterrupted right clOd right of way into, under andthrough the subsurface of said land.

No IZl

·!.f/&rn~f¥'-'.!!!!J~~_l!Ijtl ff;ZI»! GENERAL MANAGER, OHIO OPERATIONSDate Position

Notary Publi

02/06DNR-744-9060

d1 day of,

Part 1: Section C

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(Ji'C2009000005liofHFi 1ed f' or R~cordinCARROLL COUNTY, OHJl1P,lT'flICIA ..I. OYER, RECORDERQ,2--(l9-:20i19' At 11 ~ ,'1. (I {HfI.[~ARNTY OEm 52.00OR B"oh :it 1'0.•• U,28 ... J.632

WARRANTY DEED

KNOW ALL MEN BY THESE PRESENTS, that

JOSEPH JERALD TEETER and KERRY A. TEETER, husband and wifeof1106 Scio Road, Carrollton, 00 44(i15the GRANTORS,

for valuable consideration received, GRANT with general wan·anty covenants to

ROSEBUD MINING COMPANY, a Pennsylvania corporation,whose tax mailing address is 301 Market Street, Kittanning, PA 16201,the GRANTEE,

the tollowing described premises:

TRACT ONESITUATED in the Township of tJnion, County of Carroll and State ofOhio.

Being located in the Northwest Quarter of Section 36, Township 13, Range 5.

And being pali of an 88.084 acre tract (Parccl No. 33-00253.000) as conveyed to Kerry A. Teeter by aWarranty Deed as recorded in Deed Volume 249 at Page 478 ofthe Carroll County Deed Records andbeing more fully described as tollows:

BEGINNING at a stone monument (fuund) at the southwest comer ofthe Northwest Quarter ofSection 36;

Thence with the west line ofSection 36, North 2° II' 24". East, 1,930.93 feet (passing through an ironpin (found) (on line) at 1,121.60 feet and 1,925.38 feet) to an iron pin (found) at the southwest cornerofa 13.048 acre tract as conveyed to William F. Jobes (Deed Volume 297, Page 312), said iron pinbeing South 2° II' 24" West, 46L11 teet from an iron pin (found) at the northwest comer of Section36;Thence with the southeasterly lines of said 13.048 acre tract, the following two (2) courses:

Teeter to RosebudPage 1 01'5

·l·. ,

1. Thence with a curve to the left, having a radius of741.20 feet, a central angle of 18° 10'57" with an arc length of235,22 teet (chord bearing North 60° 58' 27" East, 234.23 feet) toan iron pin (found);

2. Thence North 51 ° 27' 53" East, 520,18 feet to an iron pin (found) on the north line ofSection 36, said iron pin being South 87° 46' 41" East, 594,54 feet from the northwestcorner ofSection 36;

Thence with the north line ofScction 36, South 87° 46' 41" East, 1,446,83 feet (passing through aniron pin (set) (on line) at 1,416.83 feet) to a point in Alamo Road (County Road 8);

Thence with said Alamo Road, the fo llowing seven (7) courses:

J. Thence South 01 ° 08' 25" West, 82,77 feet to a point;2, Thence South 14° 26' 32" West, 233.14 feet to a point;

3. Thence South 14° 26' 32" West, 526.71 teet to a point at the northwest comer ofa 0,672acrc tract as conveyed to Gerald R. and Carla E. Rinehart (Deed Volume 227, Page 669);

4. Thence with the west line of said 0.672 acre tract, South 17° 13' 32" West, 190,00 feet to apoint in the intersection of Ascot Road (County Road 16) and Alamo Road, being thesouthwest comer ofsaid 0.672 acre tract, and northwest comer ofa 13.18 acre tract asconveyed to Robert E. Lucas (Deed Volume 196, Page 528);

5, Thence with the wc.~terly lines of said 13.18 a

Documents

Application Part 1.pdf · single proprietorship. Providethefollowing forall partners, officers, directors, and stockholdersowning ten percent ormoreofany class ofvoting stock orotherinstrumentsofownership,