Black Beauty Coal Company has filed a request with the Indiana Department of Natural Resources, Division of Reclamation, for release of a portion of performance bond posted to ensure reclamation of Permit #S-00315 commonly known as The West Fork Mine & Amendments, which was approved by the Natural Resources Commission on 4/24/95. The request includes 19.7 acres for final, Phase III release. The request area is part of 949.3 acres permitted in Sec’s 16, 17, 20 and 21, T2N, R5W, in Daviess Co. The proposed request is for partial release of Phase III reclamation liability totaling $14,700.00 of the remaining $14,700.00, currently held by the Division of Reclamation for the above acreage. This request is being made pursuant to Indiana Code 14-34-6-7 and IAC 312 25-5-16, and is based upon the Fall of 1995, completion of grading and revegetation as specified in the approved plan of reclamation.

Any person with a valid legal interest, as defined in 312 Indiana Administrative Code 25-1-104, and the head of Federal, Indiana or local government entities with jurisdiction over environmental protection standards with respect to the operations may submit written comments, file objections to the release, request an informal conference to discuss the release or request a hearing to determine if the bond should be released. Comments or requests must be submitted no later than 30 days from the last date of publication of this notice to the Indiana Division of Reclamation, R. R. #2 Box 129, Jasonville, Indiana 47438.

July 11-18-25-Aug. 1, 2008