LEGAL NOTICE

REQUEST FOR RELEASE OF BOND

Black Beauty Coal Company has filed a request with the Indiana Department of Natural Resources, Division of Reclamation, for release of 60%, 25%, & 15% of the performance bond posted to ensure reclamation of Permit #S-00308, commonly known as Viking Mine - Corning Pit, this permit having been approved by the Natural Resources Commission on February 4, 1994. The request involves 186.7 acres of Grading, 171.1 acres of revegetation, and 34.1 acres of final release, located in parts of sections 17, 18, 19, T2N-R5W; and in parts of sections 13 & 24, T2N-R6W located in Daviess County, Indiana, and would be a release of $1,071,397.00 of the total $7,774,814.00 now being held by the Division of Reclamation for the above acreage.

This request is made pursuant to Indiana Code 14-34-6-7 and 312 Indiana Administrative Code 25-5-16, and is based upon the 1994-2008 completion of Grading, Revegetation, and Productivity, as specified in the approved plan of reclamation.

Any person with a valid legal interest, as defined in 312 Indiana Administration 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, Attention: Bond Action Section.

Oct. 11-18-25-Nov. 1, 2008