EX-10.11 22 exhibit1011s-4.htm EXHIBIT 10.11 Exhibit
Exhibit 10.11
EXECUTION VERSION


RECLAMATION FUNDING AGREEMENT
THIS AGREEMENT (as it may be amended or modified from time to time, this “Reclamation Funding Agreement”) is made and entered into as of July 12, 2016, by and among: Alpha Natural Resources, Inc. (“ANR”), on behalf of itself and its debtor-affiliates (collectively with ANR, the “Debtors” or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the “Reorganized Debtors”); Contura Energy, Inc. (the “Purchaser”); the Illinois Department of Natural Resources; the Kentucky Energy and Environment Cabinet, Department for Natural Resources; the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee (“OSMRE”); the Virginia Department of Mines, Minerals and Energy; and the West Virginia Department of Environmental Protection (collectively, the “Regulatory Authorities” and, together with the Debtors and the Purchaser, the “Parties”).
WHEREAS, on August 3, 2015 (the “Petition Date”), the Debtors each filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”), which cases are being jointly administered under case number 15-33896 (KRH) (collectively, the “Chapter 11 Cases”);
WHEREAS, on May 25, 2016, the Debtors filed the Second Amended Joint Plan of Reorganization of Debtors and Debtors in Possession in the Chapter 11 Cases (as it may be modified, supplemented or amended, the “Plan”), the solicitation version of which is attached as Exhibit A to the Notice of Filing of Solicitation Versions of (A) Second Amended Joint Plan of Reorganization and (B) Related Second Amended Disclosure Statement (Docket No. 2594);
WHEREAS, the Regulatory Authorities have issued certain permits (collectively, the “Permits”) to the Debtors in connection with the Debtors’ operation and reclamation of certain mines and facilities within their respective states or commonwealths (collectively, the “States”);
WHEREAS, the Debtors entered into a transaction (the “Sale Transaction”) pursuant to that certain Asset Purchase Agreement (including all schedules and exhibits associated therewith), with the Purchaser and attached as Exhibit I.A.250 to the Plan to be entered into on or prior to the Effective Date providing for (a) the sale of certain of the Debtors’ assets to the Purchaser, (b) the assumption of certain of the Debtors’ liabilities by the Purchaser (c) the transfer of certain of the Permits (collectively, the “Transferred Permits”) to the Purchaser and (d) certain transactions necessary to effectuate the foregoing;
WHEREAS, the Debtors intend that the Reorganized Debtors will retain substantially all of the Debtors’ assets that are not sold pursuant to the Sale Transaction (collectively, the “Retained Assets”);




WHEREAS, a primary purpose of the Reorganized Debtors will be to hold and satisfy their obligations under the Permits associated with the Retained Assets (collectively, the “Retained Permits”) and to complete all reclamation requirements of the Permits associated with the Retained Assets including the management of reclamation activities at certain sites with only reclamation activities to be completed (collectively, the “Reclaim-Only Sites”);
WHEREAS, attached hereto as Exhibit 1 is a schedule identifying each of the Retained Permits associated with a Reclaim-Only Site by State;
WHEREAS, contemporaneously herewith the Debtors and the Purchaser together have entered into separate settlement agreements (collectively, the “State Settlement Agreements”) with each of the Regulatory Authorities to define the terms and framework for accomplishing mine land reclamation and associated environmental restoration and water treatment (including long term water treatment) in their respective States in accordance with the Surface Mining Control and Reclamation Act of 1977, as amended, 30 U.S.C. §§ 1201, et seq. (“SMCRA”), its state analogues and other applicable mining and environmental related statutes and regulations (collectively with SMCRA, the “Mining Laws”) on Mining Complexes operated under Permits previously issued to ANR and its subsidiaries;
WHEREAS, contemporaneously herewith the Debtors, the Purchaser and Citicorp North America, Inc. (the “First Lien Agent”) have entered into that certain Stipulation Regarding Water Treatment Obligations (the “Water Treatment Stipulation”) with the Environmental Protection Agency (“EPA”) to define the framework and funding for the fulfillment of the Reorganized Debtors’ and the Purchaser’s obligations under the EPA Consent Decree (as defined in the Water Treatment Stipulation) and the Reorganized Debtors’ other water treatment obligations;
WHEREAS, the Parties desire to enter into this Reclamation Funding Agreement to provide certain funding for the reclamation, mitigation and water treatment (including long-term water treatment) and management work to be done on the Reclaim-Only Sites; and
WHEREAS, the terms of this Reclamation Funding Agreement are incorporated into the Plan, and the Parties intend that this Reclamation Funding Agreement and the related State Settlement Agreements shall be subject to approval by the Bankruptcy Court in connection with confirmation of the Plan;
NOW THEREFORE, in consideration of the foregoing, the execution by each of the Regulatory Authorities of their respective State Settlement Agreements and of the mutual covenants hereinafter set forth, the Parties hereto agree as follows:
1.    Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed them in the Plan. In addition to the terms defined above, the following terms have the following meanings herein:

2


(a)    “Effective Date” means the date upon which the Plan shall become effective in accordance with its terms.
(b)    “Free Cash Flow” means cash generated by the Reorganized Debtors in an amount equal to earnings before taxes, multiplied by an amount equal to one minus the tax rate applicable to the Reorganized Debtors, plus an add-back of all depreciation and amortization expenses, plus or minus, as applicable, any decrease or increase to the Reorganized Debtors’ net working capital, minus capital expenditures, measured for any Quarterly Period.
(c)    “Funding Threshold Amount” means the funded amount of a State’s Restricted Cash Reclamation Account that is equal to 125% of the remaining Total Cost of Reclamation in that State.
(d)    “Fully Reclaim,” “Fully Reclaimed” or “Full Reclamation” means, as to any or all Retained Permits, the completion of reclamation, as provided for by the applicable Mining Laws.
(e)    “Restricted Cash Reclamation Accounts” means a separate interest bearing segregated deposit account for each of the Regulatory Authorities established pursuant to the applicable State Settlement Agreement in which account such Regulatory Authority shall hold a first priority security interest, perfected by “control” under the applicable Uniform Commercial Code.
(f)    “Total Cost of Reclamation” means the estimate of the total cost of reclamation, mitigation, the calculated net present value of the cost of water treatment for the period of time specified by the Regulatory Authority’s standards for long-term water treatment and management associated with the Reorganized Debtors’ mining operations. For the avoidance of doubt, the Reorganized Debtors’ proposed Total Cost of Reclamation for Retained Permits in each State shall be reviewed by each applicable Regulatory Authority for completeness and reasonableness of approach.
2.    Funding of the Restricted Cash Reclamation Accounts by the Purchaser.
(a)    Periodic Payments. In accordance with the allocations determined pursuant to Section 5 hereof, the Purchaser shall pay the aggregate amount of $50,000,000 into the various Restricted Cash Reclamation Accounts as follows:
(i)    $8,000,000 immediately upon the Effective Date;
(ii)    $10,000,000 on the anniversary of the Effective Date in each of 2017, 2018, and 2019; and

3


(iii)    $12,000,000 on the anniversary of the Effective Date in 2020.
(b)    Contingent Payment Obligation. In addition to the amounts paid pursuant to Section 2(a) hereof, and in accordance with the allocations set forth in Section 5 hereof, the Purchaser shall pay up to an aggregate amount of $50,000,000 (the “Contingent Payment Obligation Cap”) into the various Restricted Cash Reclamation Accounts as a contingent payment obligation from 2021 through 2025 (the “Contingent Payment Obligation”).
(i)    The Purchaser shall make Contingent Payment Obligation contributions into the Restricted Cash Reclamation Accounts up to the Contingent Payment Obligation Cap only in the following circumstances:
(1)    If and to the extent that the Reorganized Debtors do not contribute $50,000,000 of Free Cash Flow into the Restricted Cash Reclamation Accounts through December 31, 2020 as set forth in Section 4(b) hereof; and
(2)    If the Reorganized Debtors make any Reorganized ANR Contingent Revenue Payment (as such term is defined in the Plan) that reduces the amount of Free Cash Flow that the Reorganized Debtors otherwise would have contributed to the Restricted Cash Reclamation Accounts had they not made such Reorganized ANR Contingent Revenue Payment, then a Contingent Payment Obligation will be payable in the amount of the difference between (A) the amount of Free Cash Flow that the Reorganized Debtors would have contributed to the Restricted Cash Reclamation Accounts had they not made such Reorganized ANR Contingent Revenue Payment and (B) the amount of Free Cash Flow actually contributed.
(ii)    For the avoidance of doubt, the Purchaser’s obligations under Section 2(b)(i) hereof shall be cumulative up to the amount of the Contingent Payment Obligation Cap.
(iii)    The Purchaser shall make any Contingent Payment Obligation contributions up to the Contingent Payment Obligation Cap according to the following schedule, solely to the extent due and payable as of the applicable payment date in accordance with Section 2(b)(i) hereof:
(1)    $10,000,000 on the anniversary of the Effective Date in each of 2021, 2022, 2023 and 2024; and

4


(2)    The difference between any Contingent Payment Obligation contributions made and the Contingent Payment Obligation Cap on the anniversary of the Effective Date in 2025.
(c)    Parent Guaranty. The Purchaser’s obligations under this Section 2 shall be guaranteed by its parent, if any.
3.    Limitations on Certain Transactions by the Purchaser. The Purchaser agrees that, for five years after the Effective Date, it will not sell all or substantially all of its assets unless either:
(a)    the purchaser(s) of such assets agree(s) to assume the liabilities of the Purchaser under this Reclamation Funding Agreement; or
(b)    such liabilities are otherwise satisfied or funded.
4.    Funding of the Restricted Cash Reclamation Accounts by the Reorganized Debtors.
(a)    Periodic Payments.
(i)    In accordance with the allocations determined in accordance with Section 5 hereof, the Reorganized Debtors shall pay and deposit the aggregate amount of $109,000,000 into the various Restricted Cash Reclamation Accounts through 2025.
(ii)    Such payments shall be made in the following aggregate amounts: $5,000,000 in 2016, $10,000,000 in each of 2017 and 2018 and $12,000,000 in each year from 2019 through 2025.
(iii)    All such payments shall be made in equal monthly installments in the year in which they are due. The Reorganized Debtors shall make the first payment on or before August 31, 2016 and the remaining payments on or before the last day of each subsequent month through December 2025.
(b)    Excess Cash Flow Payments.
(i)    In addition to the amounts to be paid pursuant to Section 4(a) above, and in accordance with the allocations determined pursuant to Section 5 hereof, the Reorganized Debtors shall pay and deposit 50% of the Free Cash Flow that they generate into the Restricted Cash Reclamation Accounts. Such payments are over and above the amounts required to be paid in Section 4(a) above.

5


(ii)    Such payments of Free Cash Flow shall be made with respect to each State until either: (1) all Reclaim-Only sites have been Fully Reclaimed and any long-term water treatment or water management obligations in such State are fully funded and have been covered by a method approved by the regulator for the applicable State (such as a long-term water treatment trust); or (2) the Funding Threshold Amount has been reached with respect to each State, it being understood that once the Funding Threshold Amount for a State has been reached, (A) the Free Cash Flow contribution obligation to the Restricted Cash Reclamation Account for the applicable State shall be reduced to an amount necessary to maintain such Funding Threshold Amount, until such time as all Reclaim-Only Sites have been Fully Reclaimed and (B) the remaining portion of the Free Cash Flow contribution shall be deposited into the Restricted Cash Reclamation Accounts of the remaining States in accordance with the allocations determined pursuant to Section 5 hereof, as adjusted.
(iii)    The Free Cash Flow contributions required under this Section shall be paid within 30 days after each calendar quarter end, subject to reconciliation on an annual basis.
(c)    Surety Collateral Returns.
(i)    Any collateral returned or received by the Reorganized Debtors from or with respect to any surety bond issuer that has issued bonds in only one State will be paid into the Restricted Cash Reclamation Account of that State or otherwise dealt with in accordance with any applicable agreement among the Reorganized Debtors and such State.
(ii)    To the extent any collateral returned or received by the Reorganized Debtors from or with respect to any surety bond issuer whose bonds relate to permits in multiple States, such collateral shall be contributed to the Restricted Cash Reclamation Accounts for the applicable States: (1) in proportion to the dollar amounts of the bonds versus the amount of the collateral until the amount for any such State exceeds its Funding Threshold Amount; and (2) then to the other States in accordance with the allocations set forth in Section 5 hereof, as adjusted.
(d)    In the event of a merger or sale of all or substantially all of the assets of the Reorganized Debtors, then all of the Reorganized Debtors’ obligations under Sections 4(a) above and 6(c) below shall either (i) be accelerated and paid in full on a net present value basis into the applicable Restricted Cash Reclamation Accounts or (ii) be assumed by the purchaser or surviving entity, before or at the closing of such transaction;

6


provided, however, that the Restructuring Transactions, including, without limitation, the NewCo Asset Sale, shall not be deemed to be mergers or sales within the meaning of this Section 4(d). For the avoidance of doubt, nothing in this Section 4(d) shall:
(i)    limit or interfere with any Regulatory Authority’s exercise of discretion with respect to approving any permit transfer or other required regulatory approval; or
(ii)    alter or affect the obligations of the Reorganized Debtors or any of their successors or assigns, as the case may be, to perform or complete reclamation, mitigation and water treatment of all of its or their respective permitted sites in accordance with any applicable law, consent decree or other agreement.
5.    Allocation of Periodic Contributions.
(a)    Periodic contributions required under Sections 2 and 4 (collectively, the “Periodic Contributions”) shall be allocated to the applicable States as set forth in this Section 5.
(b)    For the years 2016 through 2018, the Periodic Contributions shall be allocated among the various Restricted Cash Reclamation Accounts based upon the Debtors’ current relative asset retirement obligations in each State, as follows: 83% for West Virginia; 11.25% for Kentucky; 4% for Virginia; 1% for Illinois; and 0.75% for Tennessee.
(c)    Within 90 days of the Effective Date, the Reorganized Debtors shall begin an evaluation of all of their Permits and shall develop a Total Cost of Reclamation for each State. Such evaluation may be the same as any asset retirement obligation analysis previously undertaken by the Debtors. A preliminary Total Cost of Reclamation for each State shall be developed by July 1, 2017 and provided to each of the States at that time for their review and comment. A final Total Cost of Reclamation shall be provided to each of the States for their review and comment by July 1, 2018.
(d)    The allocation of Periodic Contributions to the Restricted Cash Reclamation Accounts shall be reassessed and adjusted bi-annually beginning on January 1, 2019 based upon the Total Cost of Reclamation in each of the States as of July 1, 2018, and the Periodic Contributions required under Sections 2 and 4 shall be made to the various Restricted Cash Reclamation Accounts in accordance with such adjusted allocations.

7


(e)    In the event that the Regulatory Authorities are unable to agree on adjusted allocations based upon the Total Cost of Reclamation, the allocations in Section 5(b) above shall continue to apply.
(f)    With respect to Tennessee, once the Reclamation Trust (as defined in the State Settlement Agreement for Tennessee) is established, any funds in Tennessee’s Restricted Cash Reclamation Account, as well as future periodic contributions to such account, shall be paid into the Reclamation Trust.
6.    Funding of the Reorganized Debtors’ Water Treatment Obligations Pursuant to the Water Treatment Stipulation
(a)    Pursuant to the Water Treatment Stipulation, the Reorganized Debtors will provide EPA and the Regulatory Authorities for the States in which their water treatment occurs (i) an annual summary of the expenditures on their water treatment for the previous year, (ii) an explanation of any material deviance (greater than 20%) in such expenditures from the prior year and (iii) a certification of a senior executive officer that an amount sufficient to cover the water treatment costs expected to occur in the following year has been included in the budget for that year. In addition, the Reorganized Debtors will provide EPA with copies of any budgets delivered to the Regulatory Authorities in accordance with the terms of the State Settlement Agreements.
(b)    The First Lien Lender Contribution
(i)    Pursuant to the Water Treatment Stipulation, on the Effective Date, the Reorganized Debtors, with the consent of the First Lien Lenders, shall pay from the First Lien Lenders’ collateral an additional $5 million to support the Reorganized Debtors’ compliance with their water treatment obligations (the “First Lien Lender Contribution”).
(ii)    The First Lien Lender Contribution will be allocated equally among the States to be used for water treatment and other approved projects to improve water quality.
(iii)    On or prior to the Effective Date, the Reorganized Debtors shall create either of the following accounts (in either case, a “Water Treatment Restricted Cash Account”) with respect to each State to receive such State’s share of the First Lien Lender Contribution: (1) a segregated subaccount within the each State’s Restricted Cash Reclamation Account (as defined in the applicable State Settlement Agreement); or (2) a separate segregated restricted cash account. With respect to Tennessee, once the Water Treatment Trust (as defined in the State Settlement Agreement for Tennessee) is established, any funds in Tennessee’s

8


Water Treatment Restricted Cash Account, as well as future periodic contributions to such account, shall be placed into the Tennessee Water Treatment Trust until the trust is fully funded as determined by OSMRE.
(c)    The Reorganized Debtor Contribution
(i)    Pursuant to the Water Treatment Stipulation, the Reorganized Debtors shall contribute $15 million into the Water Treatment Restricted Cash Accounts from 2017 through 2023 (the “Reorganized Debtor Contribution”) to fund compliance with their water treatment obligations, including their obligations under the EPA Consent Decree.
(ii)    The Reorganized Debtor Contribution shall be paid in the following annual total amounts in equal quarterly installments on the first day of each calendar quarter beginning on July 1, 2017:
YEAR
PAYMENT DATES
AGGREGATE ANNUAL 
PAYMENT AMOUNT
2017
July 1, October 1
$1,000,000
2018
January 1, April 1, July 1, October 1
$1,500,000
2019
January 1, April 1, July 1, October 1
$2,500,000
2020
January 1, April 1, July 1, October 1
$2,500,000
2021
January 1, April 1, July 1, October 1
$2,500,000
2022
January 1, April 1, July 1, October 1
$2,500,000
2023
January 1, April 1, July 1, October 1
$2,500,000
Total
 
$15,000,000

(iii)    The Reorganized Debtor Contribution for 2017 shall be divided equally among the States. Thereafter, (x) the Reorganized Debtors shall provide 20% of the Aggregate Annual Payment Amount to the Tennessee Water Treatment Trust (as defined in the Water Treatment Stipulation) until such requirement is terminated pursuant to subparagraph (iv) below and (y) the remainder of the annual Reorganized Debtor Contribution shall be divided among the other States according to the percentage of actual expenditures on water treatment in each State; provided that, each State shall receive a minimum of at least $25,000 each year. The Reorganized Debtors will track their spending on water treatment in each State and submit a report to the applicable Regulatory Authority and EPA by September 30 of each year detailing such expenditures for the period from July 1 to June 30 of the previous year.

9


(iv)    Once the Tennessee Water Treatment Trust has been fully funded in accordance with its terms, subsequent Reorganized Debtor Contribution amounts shall be allocated among the other States in accordance with Section 6(c)(iii)(y) hereof.
(d)    The Reorganized Debtors will cooperate and work in good faith with each Regulatory Authority to develop the minimum balance (the “Minimum Balance”) that will be maintained in the Water Treatment Restricted Cash Account for that State. The Minimum Balance may be adjusted by agreement between the Reorganized Debtors and the applicable Regulatory Authority on an annual basis; provided that, nothing herein requires the Reorganized Debtors to designate more than $1,000,000 as the aggregate amount of Minimum Balances among the Water Treatment Restricted Cash Accounts in 2016. The Reorganized Debtors shall provide EPA with a copy of the written agreement that establishes the Minimum Balance for each State.
(e)    Funds in the Water Treatment Restricted Cash Accounts that are in excess of the Minimum Balance established for that account may be utilized to pay for water treatment expenses, water treatment system installations and reclamation activities that benefit water quality. The use of funds for water treatment expenses, including, without limitation, funds expended on chemicals, utilities, pond cleaning and maintenance of structures and systems, shall be included in the Semi-Annual Budget (as defined in the State Settlement Agreements) provided to the Regulatory Authority and EPA but shall not require the prior approval of the applicable Regulatory Agency or EPA. Any use of funds to install water treatment systems or to conduct reclamation activities that will benefit water quality shall be subject to the budgeting and approval provisions of the State Settlement Agreements. EPA and the applicable Regulatory Authority shall have the right to audit all expenditures from the Water Treatment Restricted Cash Accounts.
(f)    For the avoidance of doubt, the funding to be provided to the Water Treatment Restricted Cash Accounts pursuant to the Water Treatment Stipulation or to the Restricted Cash Reclamation Accounts pursuant to this Reclamation Funding Agreement shall be used solely to fund the Reorganized Debtors’ obligations thereunder and shall not be used to assist or subsidize the Purchaser’s compliance.
7.    Conditions to Effectiveness. The following shall be conditions to the effectiveness of this Reclamation Funding Agreement:
(a)    The Debtors and the Purchaser shall have executed a State Settlement Agreement with the applicable Regulatory Authority with respect to each State;

10


(b)    This Reclamation Funding Agreement, the Water Treatment Stipulation and the State Settlement Agreements shall have been approved by the Bankruptcy Court pursuant to the order confirming the Plan;
(c)    The Plan, as it may be amended consistent with the terms of this Reclamation Funding Agreement and the State Settlement Agreements, shall be confirmed on or before July 15, 2016;
(d)    The Effective Date shall occur on or before July 31, 2016;
(e)    There shall be no material adverse changes to the terms of the settlements by and among the Debtors, the First-Lien Lenders, the Second-Lien Lenders and the Unsecured Creditors Committee as filed with the Bankruptcy Court prior to May 25, 2016;
(f)    There shall be no material adverse changes to the terms of the solicitation version of the Plan filed on June 2, 2016; and
(g)    There shall be no material adverse changes to the business plan and projections of the Purchaser or the Reorganized Debtors filed with the Bankruptcy Court prior to May 25, 2016 or the business or operations of the Purchaser or the Reorganized Debtors, taken as a whole.
8.    Reclamation Funding Agreement and the Plan. In the event of a conflict between the terms of this Reclamation Funding Agreement and the Plan, this Reclamation Funding Agreement shall control.
9.    Covenants, Cooperation and Good Faith Efforts. The Parties agree to cooperate and work in good faith with each other to obtain a consensus as to the Total Cost of Reclamation and the allocation of Periodic Contributions as set forth in Section 5 hereof.
10.    Successors and Assigns. The provisions of this Reclamation Funding Agreement shall be binding on the Parties and their successors and assigns, including any trustee appointed under the Bankruptcy Code, and shall inure to the benefit of the Parties and their successors and assigns.
11.    Entire Agreement. This Reclamation Funding Agreement, together with the State Settlement Agreements with respect to each State, constitutes the entire agreement and understanding among the Parties with respect to the subject matter hereof, and there are no representations, understandings, or agreements relative hereto which are not fully expressed herein.

11


12.    Authority and Validity. Each non-governmental Party otherwise represents, warrants and acknowledges represents, warrants and acknowledges, as of the Effective Date and, in the case of the Debtors, subject to approval by the Bankruptcy Court, that: (a) it has all the requisite authority (i) to execute and deliver this Reclamation Funding Agreement, and the other documents and instruments contemplated hereby, to which it is contemplated to be a party, (ii) to perform its obligations under this Reclamation Funding Agreement and the other documents and instruments contemplated hereby to which it is contemplated to be a party and (iii) to consummate the transactions contemplated herein and therein; (b) the execution, delivery and performance by it of this Reclamation Funding Agreement and the other documents and instruments contemplated hereby to which it is contemplated to be a party and the consummation of the transactions contemplated herein and therein have been duly authorized by all necessary action, and no other action or proceeding is necessary to authorize and approve this Reclamation Funding Agreement or the other documents and instruments contemplated hereby to which it is contemplated to be a party or any of the transactions contemplated herein or therein; (c) this Reclamation Funding Agreement has been duly executed and delivered by it and constitutes a legal, valid and binding agreement by it, enforceable against it in accordance with the terms of this Reclamation Funding Agreement; and (d) the execution, delivery and performance by it (when such performance is due) of this Reclamation Funding Agreement does not and shall not (i) violate any provision of law, rule or regulation applicable to it or (ii) conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any material contractual obligation to which it is a party. With respect to the Regulatory Authorities, the undersigned represents and warrants that he/she has authority to enter into this Reclamation Funding Agreement.
13.    No Reliance. Each Party represents and warrants that in entering into this Reclamation Funding Agreement it is relying on its own judgment, belief and knowledge and, as applicable, on that of any attorney it has retained to represent it in this matter. In entering into this Reclamation Funding Agreement, no Party is relying on any representation or statement made by any other Party or any person representing such other Party.
14.    Modification or Amendment. This Reclamation Funding Agreement may be modified or amended only by written agreement executed by each of the Parties.
15.    Further Assurances. From and after the Effective Date, each of the Parties agrees to use their respective commercially reasonable efforts to execute or cause to be executed and deliver or cause to be delivered all such agreements, instruments and documents and take or cause to be taken all such further actions as may reasonably be necessary from time to time to carry out the intent and purpose of this Reclamation Funding Agreement, and to consummate the transactions contemplated hereby and thereby.

12


16.    Construction. This Reclamation Funding Agreement has been drafted through a cooperative effort of all Parties, and none of the Parties shall be considered the drafter of this Reclamation Funding Agreement so as to give rise to any presumption of convention regarding construction of this document. All terms of this Reclamation Funding Agreement were negotiated at arms’-length, and this Reclamation Funding Agreement was prepared and executed without fraud, duress, undue influence or coercion of any kind exerted by any of the Parties upon the other.
17.    Headings. Titles and headings in this Reclamation Funding Agreement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of the Reclamation Funding Agreement.
18.    Execution in Counterpart. This Reclamation Funding Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. All signatures of the Parties to this Reclamation Funding Agreement may be transmitted by facsimile or by electronic mail, and such transmission will, for all purposes, be deemed to be the original signature of such party whose signature it reproduces, and will be binding upon such party.

13



19.    Severability. If any provision of this Reclamation Funding Agreement is determined to be prohibited or unenforceable by reason of any applicable law of a jurisdiction, then such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof, and any such prohibition or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.


(Remainder of Page Intentionally Blank; Signatures to Follow


14


IN WITNESS WHEREOF, the Parties hereto have executed this Reclamation Funding Agreement as of the date set forth above.
ALPHA NATURAL RESOURCES, INC., on behalf of itself and its debtor-affiliates
/s/ Mark M. Manno
By: Mark M. Manno
Its: EVP, General Counsel, CPO & Secretary
 
CONTURA ENERGY, INC.
/s/ John DeGroote
By: John DeGroote
Its: President and Secretary
 
WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

/s/ Kristin A. Boggs
By:  Kristin A. Boggs
Its: General Counsel
 
ILLINOIS DEPARTMENT OF NATURAL RESOURCES

/s/ James Hafliger
By: James Hafliger
Its: Office of Mines and Minerals Director




KENTUCKY ENERGY AND ENVIRONMENT CABINET, DEPARTMENT FOR NATURAL RESOURCES

/s/ Allen Cottrell
By: Allen Cottrell
Its: Commissioner
 
OFFICE OF SURFACE MINING, RECLAMATION AND ENFORCEMENT

/s/ Joseph G. Pizarchik
By: Joseph G. Pizarchik
Its: Director
 
VIRGINIA DEPARTMENT OF MINES, MINERALS AND ENERGY

/s/ John W. Warren
By: John W. Warren
Its: Director
 
 
 
 
 

16




Exhibit 1
[Schedule of Retained Permits]


    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE



COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Bandmill
H071200
BANDMILL COAL CORPORATION
WV
Bandmill
H071200
BANDMILL COAL CORPORATION
WV
Bandmill
S501596
BANDMILL COAL CORPORATION
WV
Bandmill
S502393
BANDMILL COAL CORPORATION
WV
Bandmill
S000580
HIGHLAND MINING COMPANY
WV
Bandmill
S000580
HIGHLAND MINING COMPANY
WV
Bandmill
S500194
HIGHLAND MINING COMPANY
WV
Bandmill
S500201
HIGHLAND MINING COMPANY
WV
Bandmill
S501796
HIGHLAND MINING COMPANY
WV
Bandmill
S503096
HIGHLAND MINING COMPANY
WV
Bandmill
S503096
HIGHLAND MINING COMPANY
WV
Bandmill
S505389
HIGHLAND MINING COMPANY
WV
Bandmill
S505489
HIGHLAND MINING COMPANY
WV
Bandmill
WV1016938
HIGHLAND MINING COMPANY
WV
Bandmill
S504189
HIGHLAND MINING COMPANY
WV
Bandmill
O3785
TRACE CREEK COAL COMPANY
WV
Bandmill
O3785
TRACE CREEK COAL COMPANY
WV
Bandmill
O504286
TRACE CREEK COAL COMPANY
WV
Band mill
O504691
TRACE CREEK COAL COMPANY
WV
Bandmill
O5382
TRACE CREEK COAL COMPANY
WV
Bandmill
O5382
TRACE CREEK COAL COMPANY
WV
Bandmill
O5382
TRACE CREEK COAL COMPANY
WV
Bandmill
S504186
TRACE CREEK COAL COMPANY
WV
Bandmill
S506288
TRACE CREEK COAL COMPANY
WV
Bandmill
S505389
ALEX ENERGY, INC.
WV
Bandmill
D001982
ARACOMA COAL COMPANY, INC.
WV
Bandmill
U500500
ARACOMA COAL COMPANY, INC.
WV
Bandmill
H071200
BANDMILL COAL CORPORATION
WV
Bandmill
O005082
BANDMILL COAL CORPORATION
WV
Bandmill
S502100
BANDMILL COAL CORPORATION
WV
Bandmill
S502100
BANDMILL COAL CORPORATION
WV
Bandmill
S501596
BANDMILL COAL CORPORATION
WV
Bandmill
U021383
BANDMILL COAL CORPORATION
WV
Bandmill
O501104
HIGHLAND MINING COMPANY
WV
Bandmill
P501114
HIGHLAND MINING COMPANY
WV
Bandmill
S000580
HIGHLAND MINING COMPANY
WV
Bandmill
S500194
HIGHLAND MINING COMPANY
WV
Bandmill
S500201
HIGHLAND MINING COMPANY
WV
Bandmill
S501796
HIGHLAND MINING COMPANY
WV
Bandmill
S503096
HIGHLAND MINING COMPANY
WV
Bandmill
S503408
HIGHLAND MINING COMPANY
WV
Bandmill
S504189
HIGHLAND MINING COMPANY
WV

1
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Bandmill
S508486
HIGHLAND MINING COMPANY
WV
Bandmill
U009283
RUM CREEK COAL SALES, INC.
WV
Bandmill
S500104
RUM CREEK COAL SALES, INC.
WV
Bens Creek – Black Bear
U501391
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
U501391
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
U503897
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
O002685
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
O500788
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
O502386
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
O504191
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
O505088
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
S401395
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
S504988
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
U500498
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
U500590
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
U503592
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
U503792
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
U504491
COBRA NATURAL RESOURCES, LLC
WV
Bens Creek – Black Bear
S400400
PREMIUM ENERGY, LLC
WV
Bens Creek – Black Bear
S501307
PREMIUM ENERGY, LLC
WV
Bens Creek – Black Bear
S502099
PREMIUM ENERGY, LLC
WV
Bens Creek – Black Bear
S501608
PREMIUM ENERGY, LLC
WV
Cucumber
U401694
BROOKS RUN MINING COMPANY, LLC
WV
Cucumber
U401694
BROOKS RUN MINING COMPANY, LLC
WV
Cucumber
U007584
RIVERSIDE ENERGY COMPANY, LLC
WV
Cucumber
U402387
RIVERSIDE ENERGY COMPANY, LLC
WV
Delbarton
P502112
DELBARTON MINING COMPANY
WV
Elk Run
O506086
EAGLE ENERGY INC.
WV
Elk Run
O004383
EAGLE ENERGY INC.
WV
Elk Run
Prospect
ELK RUN COAL COMPANY, INC.
WV

2
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Elk Run
U066300
ELK RUN COAL COMPANY, INC.
WV
Elk Run
P502213
PERFORMANCE COAL COMPANY
WV
Elk Run
P300114
PERFORMANCE COAL COMPANY
WV
Erbacon
U202100
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
H052900
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
H056200
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U062000
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
O200301
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
O200787
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
S102690
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
S200205
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U200401
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U200493
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U200593
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U200609
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U202100
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
P052600
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
P201414
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
P202014
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
R062000
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
S007185
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U051600
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U102691
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U200900
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U201000
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U201005
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U201105
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U201400
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U201689
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U202100
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
UO35900
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
D000782
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
D011082
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
I048200
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
P203507
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
S200310
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
S200487
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U051200
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U201498
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U307186
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
D004781
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
H047100
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
U101991
BROOKS RUN MINING COMPANY, LLC
WV

3
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Erbacon
U200105
BROOKS RUN MINING COMPANY, LLC
WV
Erbacon
D011382
KINGWOOD MINING COMPANY, LLC
WV
Erbacon
R067300
KINGWOOD MINING COMPANY, LLC
WV
Erbacon
U100798
KINGWOOD MINING COMPANY, LLC
WV
Erbacon
U100798
KINGWOOD MINING COMPANY, LLC
WV
Erbacon
O100898
KINGWOOD MINING COMPANY, LLC
WV
Erbacon
U100893
KINGWOOD MINING COMPANY, LLC
WV
Goals
S301299
ALEX ENERGY, INC.
WV
Goals
S301299
ALEX ENERGY, INC.
WV
Goals
S301299
ALEX ENERGY, INC.
WV
Goals
U301799
INDEPENDENCE COAL COMPANY, INC.
WV
Goals
S301299
ALEX ENERGY, INC.
WV
Goals
S301100
INDEPENDENCE COAL COMPANY, INC.
WV
Goals
S301100
INDEPENDENCE COAL COMPANY, INC.
WV
Goals
U301406
MARFORK COAL COMPANY, INC.
WV
Green Valley
O001083
GREEN VALLEY COAL COMPANY
WV
Green Valley
O001083
GREEN VALLEY COAL COMPANY
WV
Green Valley
P064200
GREEN VALLEY COAL COMPANY
WV
Green Valley
U005985
GREEN VALLEY COAL COMPANY
WV
Green Valley
O015583
GREEN VALLEY COAL COMPANY
WV
Green Valley
U014882
GREEN VALLEY COAL COMPANY
WV
Green Valley
R067100
GREEN VALLEY COAL COMPANY
WV
Green Valley
U306686
GREEN VALLEY COAL COMPANY
WV
Green Valley
H035600
GREEN VALLEY COAL COMPANY
WV
Green Valley
O001083
GREEN VALLEY COAL COMPANY
WV
Green Valley
O001083
GREEN VALLEY COAL COMPANY
WV
Green Valley
O001083
GREEN VALLEY COAL COMPANY
WV
Green Valley
O008683
GREEN VALLEY COAL COMPANY
WV
Green Valley
O008683
GREEN VALLEY COAL COMPANY
WV
Green Valley
R069000
GREEN VALLEY COAL COMPANY
WV
Green Valley
R070700
GREEN VALLEY COAL COMPANY
WV
Green Valley
R070700
GREEN VALLEY COAL COMPANY
WV
Green Valley
U005985
GREEN VALLEY COAL COMPANY
WV
Green Valley
U300409
GREEN VALLEY COAL COMPANY
WV
Green Valley
U302912
GREEN VALLEY COAL COMPANY
WV
Green Valley
O015583
GREEN VALLEY COAL COMPANY
WV
Green Valley
O015583
GREEN VALLEY COAL COMPANY
WV
Green Valley
U014882
GREEN VALLEY COAL COMPANY
WV
Green Valley
U014882
GREEN VALLEY COAL COMPANY
WV
Green Valley
U014882
GREEN VALLEY COAL COMPANY
WV
Green Valley
U301407
GREEN VALLEY COAL COMPANY
WV
Inman Admiral
D010182
BLACK CASTLE MINING COMPANY
WV
Inman Admiral
S507586
ELK RUN COAL COMPANY, INC.
WV

4
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Inman Admiral
S507586
ELK RUN COAL COMPANY, INC.
WV
Inman Admiral
S507586
ELK RUN COAL COMPANY, INC.
WV
Inman Admiral
S601189
ELK RUN COAL COMPANY, INC.
WV
Inman Admiral
S602688
ELK RUN COAL COMPANY, INC.
WV
Inman Admiral
S602688
ELK RUN COAL COMPANY, INC.
WV
Inman Admiral
S501400
INDEPENDENCE COAL COMPANY, INC.
WV
Inman Admiral
O509588
OMAR MINING COMPANY
WV
Inman Admiral
S007076
OMAR MINING COMPANY
WV
Inman Admiral
U040300
OMAR MINING COMPANY
WV
Kepler
R063000
DUCHESS COAL COMPANY
WV
Kepler
D006982
BIG BEAR MINING COMPANY
WV
Kepler
O010783
BIG BEAR MINING COMPANY
WV
Kepler
O017483
BIG BEAR MINING COMPANY
WV
Kepler
U058900
BIG BEAR MINING COMPANY
WV
Kepler
O005983
HERNDON PROCESSING COMPANY, LLC
WV
Kepler
O007882
HERNDON PROCESSING COMPANY, LLC
WV
Kepler
S400300
PAYNTER BRANCH MINING, INC.
WV
Kepler
S400300
PAYNTER BRANCH MINING, INC.
WV
Kepler
S400896
PAYNTER BRANCH MINING, INC.
WV
Kepler
S401298
PAYNTER BRANCH MINING, INC.
WV
Kepler
U503496
PIONEER MINING, INC.
WV
Kepler
U503596
PIONEER MINING, INC.
WV
Kepler
NPDES WV 1012207
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U047100
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U402195
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U400196
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U400295
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U400595
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U400695
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U400697
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U400901
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U401100
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U401300
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U401497
RIVERSIDE ENERGY COMPANY, LLC
WV
Kepler
U401200
RIVERSIDE ENERGY COMPANY, LLC
WV
Kingston
P300115
KINGSTON MINING, INC.
WV
Kingston
 
KINGSTON MINING, INC.
WV
Kingston
P301012
KINGSTON RESOURCES, INC.
WV
Kingston
P301413
KINGSTON RESOURCES, INC.
WV
Kingston
Prospect No. 9
KINGSTON RESOURCES, INC.
WV
Liberty
S503097
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U501298
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U501298
INDEPENDENCE COAL COMPANY, INC.
WV

5
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Liberty
U501887
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
O501992
OMAR MINING COMPANY
WV
Liberty
U002685
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U507991
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
O501106
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
S503097
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
S503097
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U501298
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U501298
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U500594
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U500694
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U500694
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U501398
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U507991
INDEPENDENCE COAL COMPANY, INC.
WV
Liberty
U502191
OMAR MINING COMPANY
WV
Liberty
U501892
OMAR MINING COMPANY
WV
Litwar
P402708
BROOKS RUN MINING COMPANY, LLC
WV
Litwar
O011783
LITWAR PROCESSING COMPANY, LLC
WV
Litwar
O007583
LITWAR PROCESSING COMPANY, LLC
WV
Litwar
P300514
RIVERSIDE ENERGY COMPANY, LLC
WV
Litwar
U400102
RIVERSIDE ENERGY COMPANY, LLC
WV
Litwar
O014483
RIVERSIDE ENERGY COMPANY, LLC
WV
Litwar
O014883
RIVERSIDE ENERGY COMPANY, LLC
WV
Mammoth
P302013
ALEX ENERGY, INC.
WV
Mammoth
P303212
ALEX ENERGY, INC.
WV
Mammoth
P304412
ALEX ENERGY, INC.
WV
Mammoth
S004577
JACKS BRANCH COAL COMPANY
WV
Mammoth
S007085
JACKS BRANCH COAL COMPANY
WV
Mammoth
S008379
JACKS BRANCH COAL COMPANY
WV
Mammoth
S301491
JACKS BRANCH COAL COMPANY
WV
Mammoth
S303790
JACKS BRANCH COAL COMPANY
WV
Mammoth
S600886
JACKS BRANCH COAL COMPANY
WV
Mammoth
U005584
JACKS BRANCH COAL COMPANY
WV
Mammoth
U300990
JACKS BRANCH COAL COMPANY
WV
Mammoth
U302200
JACKS BRANCH COAL COMPANY
WV
Mammoth
U601889
JACKS BRANCH COAL COMPANY
WV
Mammoth
S000684
JACKS BRANCH COAL COMPANY
WV
Mammoth
S007885
JACKS BRANCH COAL COMPANY
WV
Mammoth
S008883
JACKS BRANCH COAL COMPANY
WV
Mammoth
Z000481
JACKS BRANCH COAL COMPANY
WV
Mammoth
U045400
JACKS BRANCH COAL COMPANY
WV
Mammoth
U301500
JACKS BRANCH COAL COMPANY
WV
Mammoth
E010300
KANAWHA ENERGY COMPANY
WV

6
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Mammoth
E011000
KANAWHA ENERGY COMPANY
WV
Mammoth
O304391
KANAWHA ENERGY COMPANY
WV
Mammoth
P071300
KANAWHA ENERGY COMPANY
WV
Mammoth
P303611
KANAWHA ENERGY COMPANY
WV
Mammoth
R064900
KANAWHA ENERGY COMPANY
WV
Mammoth
S300691
KANAWHA ENERGY COMPANY
WV
Mammoth
S304589
KANAWHA ENERGY COMPANY
WV
Mammoth
S600988
KANAWHA ENERGY COMPANY
WV
Mammoth
S602389
KANAWHA ENERGY COMPANY
WV
Mammoth
U300904
KANAWHA ENERGY COMPANY
WV
Mammoth
U301290
KANAWHA ENERGY COMPANY
WV
Mammoth
P300205
KANAWHA ENERGY COMPANY
WV
Mammoth
P301111
KANAWHA ENERGY COMPANY
WV
Mammoth
P303310
KANAWHA ENERGY COMPANY
WV
Mammoth
P303511
KANAWHA ENERGY COMPANY
WV
Mammoth
S303390
KANAWHA ENERGY COMPANY
WV
Mammoth
O301907
KANAWHA ENERGY COMPANY
WV
Mammoth
U300504
KANAWHA ENERGY COMPANY
WV
Mammoth
U300896
KANAWHA ENERGY COMPANY
WV
Mammoth
U302099
KANAWHA ENERGY COMPANY
WV
Marfork
 
BOONE EAST DEVELOPMENT CO.
WV
Marfork
P300515
MARFORK COAL COMPANY, INC.
WV
Marfork
U304292
PERFORMANCE COAL COMPANY
WV
Marfork
U304292
PERFORMANCE COAL COMPANY
WV
Marfork
U304292
PERFORMANCE COAL COMPANY
WV
Marfork
D004081
CLEAR FORK COAL COMPANY
WV
Marfork
S014278
CLEAR FORK COAL COMPANY
WV
Marfork
U008383
CLEAR FORK COAL COMPANY
WV
Marfork
U013000
CLEAR FORK COAL COMPANY
WV
Marfork
P500213
ELK RUN COAL COMPANY, INC.
WV
Marfork
P300415
KINGSTON MINING, INC.
WV
Marfork
P301513
MARFORK COAL COMPANY, INC.
WV
Marfork
Pending
MARFORK COAL COMPANY, INC.
WV
Marfork
U301394
MARFORK COAL COMPANY, INC.
WV
Marfork
P301011
MARFORK COAL COMPANY, INC.
WV
Marfork
S300809
MARFORK COAL COMPANY, INC.
WV
Marfork
E003800
PERFORMANCE COAL COMPANY
WV
Marfork
U304292
PERFORMANCE COAL COMPANY
WV
Marfork
S011977
PIONEER FUEL CORPORATION
WV
Marfork
S400596
PIONEER FUEL CORPORATION
WV
Marfork
S401595
PIONEER FUEL CORPORATION
WV
Marfork
O400708
PIONEER FUEL CORPORATION
WV
Martin County
E001700
GREYEAGLE COAL COMPANY
WV

7
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Martin County
O013983
GREYEAGLE COAL COMPANY
WV
Nicholas
S005185
ALEX ENERGY, INC.
WV
Nicholas
S300199
ALEX ENERGY, INC.
WV
Nicholas
S300598
ALEX ENERGY, INC.
WV
Nicholas
S300598
ALEX ENERGY, INC.
WV
Nicholas
S300702
ALEX ENERGY, INC.
WV
Nicholas
S300706
ALEX ENERGY, INC.
WV
Nicholas
S301391
ALEX ENERGY, INC.
WV
Nicholas
S301405
ALEX ENERGY, INC.
WV
Nicholas
U301497
ALEX ENERGY, INC.
WV
Nicholas
U301497
ALEX ENERGY, INC.
WV
Nicholas
S006385
ALEX ENERGY, INC.
WV
Nicholas
U302494
POWER MOUNTAIN COAL COMPANY
WV
Nicholas
S300598
ALEX ENERGY, INC.
WV
Nicholas
S300598
ALEX ENERGY, INC.
WV
Nicholas
S300702
ALEX ENERGY, INC.
WV
Nicholas
S300706
ALEX ENERGY, INC.
WV
Nicholas
S300907
ALEX ENERGY, INC.
WV
Nicholas
S301391
ALEX ENERGY, INC.
WV
Nichoasl
S301405
ALEX ENERGY, INC.
WV
Nicholas
S302003
ALEX ENERGY, INC.
WV
Nicholas
U301497
ALEX ENERGY, INC.
WV
Nicholas
S301192
ALEX ENERGY, INC.
WV
Nicholas
S301806
ALEX ENERGY, INC.
WV
Nicholas
H015500
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
O002184
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
O004183
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
O300293
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
O300589
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
O301286
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
O302093
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
S300590
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
U300489
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
U302194
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
O010983
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
S008776
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
U026900
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
U045800
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
U065700
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
U067600
PEERLESS EAGLE COAL COMPANY
WV
Nicholas
O300895
POWER MOUNTAIN COAL COMPANY
WV
Rawl
E002800
RAWL SALES & PROCESSING COMPANY
WV
Rawl
O004184
RAWL SALES & PROCESSING COMPANY
WV

8
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Rawl
O004184
RAWL SALES & PROCESSING COMPANY
WV
Rawl
U502000
RAWL SALES & PROCESSING COMPANY
WV
Rawl
U504687
RAWL SALES & PROCESSING COMPANY
WV
Rawl
D003181
RAWL SALES & PROCESSING COMPANY
WV
Rawl
O507892
RAWL SALES & PROCESSING COMPANY
WV
Rawl
U066700
RAWL SALES & PROCESSING COMPANY
WV
Rawl
U507192
RAWL SALES & PROCESSING COMPANY
WV
Rawl
E002800
RAWL SALES & PROCESSING COMPANY
WV
Rawl
O004184
RAWL SALES & PROCESSING COMPANY
WV
Rawl
O504989
RAWL SALES & PROCESSING COMPANY
WV
Rawl
P057200
RAWL SALES & PROCESSING COMPANY
WV
Rawl
U502000
RAWL SALES & PROCESSING COMPANY
WV
Rawl
U504687
RAWL SALES & PROCESSING COMPANY
WV
Rockspring
Prospect
LAUREL CREEK CO., INC.
WV
Rockspring
U500601
ARACOMA COAL COMPANY, INC.
WV
Rockspring
U507292
ARACOMA COAL COMPANY, INC.
WV
Rockspring
S504689
ARACOMA COAL COMPANY, INC.
WV
Rockspring
O501090
ARACOMA COAL COMPANY, INC.
WV
Rockspring
U507692
ARACOMA COAL COMPANY, INC.
WV
Rockspring
U500304
ARACOMA COAL COMPANY, INC.
WV
Rockspring
U501091
ARACOMA COAL COMPANY, INC.
WV
Rockspring
U502006
ARACOMA COAL COMPANY, INC.
WV
Rockspring
O505491
ROCKSPRING DEVELOPMENT, INC.
WV
Rockspring
U002584
ROCKSPRING DEVELOPMENT, INC.
WV
Rockspri ng
P501014
ROCKSPRING DEVELOPMENT, INC.
WV
Rockspring
Pending
ROCKSPRING DEVELOPMENT, INC.
WV
Rockspring
O503290
ROCKSPRING DEVELOPMENT, INC.
WV
Superior
S501798
HIGHLAND MINING COMPANY
WV
Superior
S501798
HIGHLAND MINING COMPANY
WV
Superior
S501798
HIGHLAND MINING COMPANY
WV
Superior
U502398
SPARTAN MINING COMPANY
WV
Superior
U506688
SPARTAN MINING COMPANY
WV
Superior
U506688
SPARTAN MINING COMPANY
WV
Superior
U501100
SPARTAN MINING COMPANY
WV
Superior
U502194
SPARTAN MINING COMPANY
WV
Superior
O004484
STIRRAT COAL COMPANY
WV
Superior
O004484
STIRRAT COAL COMPANY
WV
Superior
S501798
ROAD FORK DEVELOPMENT COMPANY, INC
WV
Superior
S501798
ROAD FORK DEVELOPMENT COMPANY, INC
WV
Superior
U502398
SPARTAN MINING COMPANY
WV
Superior
U506688
SPARTAN MINING COMPANY
WV

9
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Superior
U501100
SPARTAN MINING COMPANY
WV
Superior
U502194
SPARTAN MINING COMPANY
WV
Superior
U502194
SPARTAN MINING COMPANY
WV
Superior
O004484
STIRRAT COAL COMPANY
WV
Superior
U501087
STIRRAT COAL COMPANY
WV
Twilight
S301999
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
S502007
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
S502007
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
S502007
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
S502408
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
U301695
PERFORMANCE COAL COMPANY
WV
Twilight
U501295
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
O501496
ELK RUN COAL COMPANY, INC.
WV
Twilight
O507891
ELK RUN COAL COMPANY, INC.
WV
Twilight
U501198
ELK RUN COAL COMPANY, INC.
WV
Twilight
S301999
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
S500398
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
S502396
INDEPENDENCE COAL COMPANY, INC.
WV
Twilight
U502196
INDEPENDENCE COAL COMPANY, INC.
WV
Twin Star
S401197
TWIN STAR MINING, INC. - WV
WV
Unassigned
P500612
INDEPENDENCE COAL COMPANY, INC.
WV
White Flame
S501501
WHITE FLAME ENERGY, INC.
WV
White Flame
S502097
WHITE FLAME ENERGY, INC.
WV
Wabash
39
WABASH MINE HOLDING COMPANY
IL
Wabash
276
WABASH MINE HOLDING COMPANY
IL
Wabash
290
WABASH MINE HOLDING COMPANY
IL
Wabash
158
WABASH MINE HOLDING COMPANY
IL
Wabash
Prospect
WABASH MINE HOLDING COMPANY
IL
Wabash
298
WABASH MINE HOLDING COMPANY
IL
Coalgood
8480322
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8480324
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8480325
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8485533
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8487037
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8487038
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8487039
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8488083
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8488084
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8489031
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8489032
HARLAN RECLAMATION SERVICES LLC
KY
Martin County
6805012
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8800014
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8800062
MARTIN COUNTY COAL CORPORATION
KY

10
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Martin County
8800207
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8805179
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8805182
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8805188
PETER CAVE MINING COMPANY
KY
Martin County
8805189
PETER CAVE MINING COMPANY
KY
Martin County
8805190
PETER CAVE MINING COMPANY
KY
Martin County
8807000
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8807002
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8808008
PETER CAVE MINING COMPANY
KY
Martin County
8808015
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8808016
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8808017
PETER CAVE MINING COMPANY
KY
Roxana
8675269
ENTERPRISE MINING COMPANY, LLC
KY
Sidney
2985329
ISLAND CREEK COAL COMPANY
KY
Sidney
2985332
ISLAND CREEK COAL COMPANY
KY
Sidney
8365601
BELFRY COAL CORPORATION
KY
Sidney
8585079
BELFRY COAL CORPORATION
KY
Sidney
8980573
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984146
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984399
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984400
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984424
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984430
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8985167
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985736
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985742
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985977
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985986
SIDNEY COAL COMPANY, INC.
KY
Sidney
8987025
SIDNEY COAL COMPANY, INC.
KY
Sidney
8987094
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8988168
LONG FORK COAL COMPANY
KY
Sidney
8988170
SIDNEY COAL COMPANY, INC.
KY
Sidney
8989156
SIDNEY COAL COMPANY, INC.
KY
Sidney
8989159
LONG FORK COAL COMPANY
KY
Coalgood
8485532
HARLAN RECLAMATION SERVICES LLC
KY
Coalgood
8485535
HARLAN RECLAMATION SERVICES LLC
KY
Marnti County
8805187
MARTIN COUNTY COAL CORPORATION
KY
Roxana
8675272
ENTERPRISE MINING COMPANY, LLC
KY
Roxana
8675279
ENTERPRISE MINING COMPANY, LLC
KY
Roxana
8675280
ENTERPRISE MINING COMPANY, LLC
KY
Roxana
8675282
ENTERPRISE MINING COMPANY, LLC
KY
Sidney
8984029
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984194
SIDNEY COAL COMPANY, INC.
KY

11
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Sidney
8984431
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8984433
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8984434
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8984435
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8984436
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8984496
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985739
SIDNEY COAL COMPANY, INC.
KY
Martin County
8805175
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8805186
MARTIN COUNTY COAL CORPORATION
KY
Sidney
8980835
SIDNEY COAL COMPANY, INC.
KY
Sidney
8980932
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984095
SIDNEY COAL COMPANY, INC.
KY
Sidney
8987082
SIDNEY COAL COMPANY, INC.
KY
Coalg ood
8485536
HARLAN RECLAMATION SERVICES LLC
KY
Martin County
8800215
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8805147
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8805180
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8807001
MARTIN COUNTY COAL CORPORATION
KY
Martin County
8808010
MARTIN COUNTY COAL CORPORATION
KY
Rawl
8984439
NEW RIDGE MINING COMPANY
KY
Roxana
8675268
ENTERPRISE MINING COMPANY, LLC
KY
Roxana
8675278
ENTERPRISE MINING COMPANY, LLC
KY
Roxana
8675283
ENTERPRISE MINING COMPANY, LLC
KY
Sidney
4985319
ISLAND CREEK COAL COMPANY
KY
Sidney
6985333
ISLAND CREEK COAL COMPANY
KY
Sidney
8980639
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8980914
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8980915
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8980947
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984223
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984418
SIDNEY COAL COMPANY, INC.
KY
Sidney
8984432
ROAD FORK DEVELOPMENT COMPANY,
KY
Sidney
8984437
LONG FORK COAL COMPANY
KY
Sidney
8985579
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985646
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985647
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985649
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985735
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985745
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985746
SIDNEY COAL COMPANY, INC.
KY
Sidney
8985751
SIDNEY COAL COMPANY, INC.
KY
Sidney
8989160
NEW RIDGE MINING COMPANY
KY
Twin Star
1101960
TWIN STAR MINING, INC.
VA

12
    

RETAINED PERMITS FOR RECLAIM-ONLY SITES BY STATE


COMPLEX
PERMIT NUMBER
PERMITTEE
STATE
Twin Star
1101961
TWIN STAR MINING, INC.
VA
Twin Star
1101966
TWIN STAR MINING, INC.
VA
Twin Star
1101967
TWIN STAR MINING, INC.
VA
Twin Star
1101968
TWIN STAR MINING, INC.
VA
Twin Star
1101981
TWIN STAR MINING, INC.
VA
Twin Star
1201969
TWIN STAR MINING, INC.
VA
Twin Star
1201970
TWIN STAR MINING, INC.
VA
Twin Star
1201973
TWIN STAR MINING, INC.
VA
Twin Star
1301956
TWIN STAR MINING, INC.
VA
Twin Star
1301962
TWIN STAR MINING, INC.
VA
Twin Star
1801971
TWIN STAR MINING, INC.
VA
TCC
2475
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2904
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2885
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2664
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2957
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2982
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2725
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2710
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2882297
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
82144
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2282293
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
82201
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
82077
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2883130
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
2283116
TENNESSEE CONSOLIDATED COAL CO.
TN
TCC
82191
TENNESSEE CONSOLIDATED COAL CO.
TN



13