Birmingham Coal & Coke Company, Inc

BIRMINGHAM COAL & COKE COMPANY, INC.

OLD UNION MINE P-3888, R-9

ALABAMA SURFACE MINING COMMISSION

SURFACE MINING PERMIT APPLICATION

P A R T I

Prepared by:

J. Rich Weaver, P.E.

Cahaba Contracting & Reclamation, LLC.

P. O. Box 354

291 County Road 356

Lynn, Alabama 35575

Telephone: (205) 893-7223

Fax: (205) 893-5973

Email:
ASMC USE ONLY

Fee:______

Bond Required:______

Date Approved:______

APPLICATION FOR PERMIT REVISION

Name of Permittee: Birmingham Coal & Coke Company, Inc.

License Number: L-378 Complete Permit Number: P-3888-67-16-S

Expiration Date of Permit: November 19, 2016 Revision Number: R-9

Mine Name: Old Union Mine

Nature of Proposed Revision R-9:

1)Change 5.0 acres in Inc. 6 to Permanent Water Impoundment “Fish & Wildlife Habitat” (For Basins 015, 016, 021, 042, 047, 049 & 050),

2)Note changes to the ownership in the SW/SWof Sec. 11, NW/NW of Sec. 14, T12S, R9W.

Identify any conditions placed on this permit which would relate to the proposed revision being requested:

None.

Attach detailed estimate of effect of proposed revision on reclamation costs.

Note: Upon review of this application, ASMC will notify the permittee of required information and of the necessity of public notice.

STATE OF ALABAMA

SURFACE MINING COMMISSION

(XX) Permit Application for a Surface Coal Mine

( ) Permit Application for an Underground Coal Mine

( ) Permit Application for a Preparation Facility

PART I A. IDENTIFICATION

1._PERMIT APPLICANT

Name: ___Birmingham Coal & Coke Co., Inc.______

Street Address: __912 Edenton Street______

City: _Birmingham______State: _AL_ Zip: __35242______

Mailing Address: _912 Edenton Street______

City: _Birmingham______State: _AL_ Zip: __35242______

Telephone Number: _(205)_982-8971______

Social Security Number (Voluntary): ___-__-____

Employer Identification Number: __63-0700858______

ASMC License#: _378__

2._ENTITY OR PERSON RESPONSIBLE FOR PAYING ABANDONED MINE LAND RECLAMATION FEES

Name: ___Birmingham Coal & Coke Co., Inc.______

Street Address: __912 Edenton Street______

City: _Birmingham______State: _AL_ Zip: __35242______

Mailing Address: _912 Edenton Street______

City: _Birmingham______State: _AL_ Zip: __35242______

Telephone Number: _(205)_982-8971______

Social Security Number (Voluntary): ___-__-____

Employer Identification Number: __63-0700858______

ASMC License#: _378__

3._IDENTIFY THE OPERATOR FOR THIS MINE IF DIFFERENT FROM THE PERMITTEE

Name: ___Birmingham Coal & Coke Co., Inc.______

Street Address: __912 Edenton Street______

City: _Birmingham______State: _AL_ Zip: __35242______

Mailing Address: _912 Edenton Street______

City: _Birmingham______State: _AL_ Zip: __35242______

Telephone Number: _(205)_982-8971______

Social Security Number (Voluntary): ___-__-____

Employer Identification Number: __63-0700858______

ASMC License#: _378__

4. CONTACT PERSON FOR PERMIT REVIEW ISSUES AND CORRESPONDENCE

Name: __J. Rich Weaver, P.E. Cahaba Contracting & Reclamation, LLC.______

Mailing Address: ___P. O. Box 354, 291 County Road 356______

City:_Lynn______State:_AL_ Zip: __35575___

Telephone Number:_(205)_408-5881______Fax: _(205)_408-5883

PART I B. OWNERSHIP AND CONTROL

1. PERMIT APPLICANT OWNERSHIP AND CONTROL.

At the time of filing of this application provide an update of all information contained in the applicant's license file or certify that the information contained in the license is accurate and complete. The updated information shall be submitted on Part I A through Part I F of the License application form. Check one of the following:

___A license update is included.

_X_ Information contained in the license file is accurate and

complete at the time of filing of this application.

No update is included.

Following notification that the permit appears eligible for issuance, the applicant must certify that all information in this application and the license file pertaining to ownership and control, surface mining history and violation history is still valid or the applicant must submit the appropriate update information.

2. OPERATOR OWNERSHIP AND CONTROL.

If someone other than the permittee has been identified as the operator under this permit, an update of the ownership and control information contained in the operator's license file must be provided or certify that the information contained in the license file is accurate and complete. The updated information shall be submitted on Part I A through Part I F of the License application form. Check one of the following:

___A license update is included.

_X_ Information contained in the license file is accurate and complete at the time of filing of this application.

No update is included.

3.CONTROL OF MINING OPERATION THROUGH CONTROL OF COAL TO BE MINED.

Provide the information below for any person or entity who owns or controls the coal to be mined under this permit and who, by lease, sublease, or other contract:

A. has the right to receive the coal after mining, or,

B. has the authority to determine the manner in which the operator or permittee conducts surface coal mining operations.

(USE ADDITIONAL SHEETS IN THE FORMAT BELOW IF NECESSARY)

Name: ___Birmingham Coal & Coke Co., Inc.______

Street Address: __912 Edenton Street______

City: _Birmingham______State: _AL_ Zip: __35242______

Mailing Address: 912 Edenton Street______

City: _Birmingham______State: _AL_ Zip: __35242______

Telephone Number: _(205)_982-8971______

Social Security Number (Voluntary): ___-__-____

Employer Identification Number: __63-0700858______

ASMC License#: _378__

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS

1. OWNERSHIP OF PROPERTY TO BE MINED AND RIGHT OF ENTRY.

INSTRUCTIONS:

Show the property ownership boundaries of each parcel of land in the permit area on the permit map or an overlay of the same scale as the permit map. If the surface estate is severed from the mineral estate, show and describe the ownership of each estate separately. In the spaces below, identify:

1.Every current legal or equitable owner(s) of record (as found in a standard search of title) of the property;

2.The holders of record of any leasehold interest in the property; and,

3.Any purchaser of record under a real estate contract of the property.

Describe the basis of the applicant's legal right to enter and mine on all properties contained in the permit application. If the mineral estate has been severed from the surface estate,describe the basis of the legal right to enter and mine both the surface and mineral separately. Give the nature of such right (i.e. lease, deed, contract, etc.), where recorded, describe from whom, to whom, and the date executed,and whether that right is the subject of pending litigation.

USE ADDITIONAL SHEETS IN THE FORMAT BELOW AS NECESSARY

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Legal description of property or permit map symbol: ______Trent Harris (S)______

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both): ______Surface______

Legal owner(s) of record:______Trent Harris______

Address: _243 Hidden Ridge Lane_____ City:_Jasper__State:__AL__ Zip: __35504_____

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe the type of document or conveyance which grants the right of entry, disturbance or mining. Indicate from whom the right was acquired and to whom the right was granted. If the grantor of the right is not the owner(s) of property, identify all grantors and grantees of the right beginning with the owner(s) and ending with the permit applicant.

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes,explain
LEASE / Trent Harris / Birmingham Coal & Coke Company Inc. / 12/29/05

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: ______Wayne Bass (S)______

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both): ______SURFACE______

Legal owner(s) of record:______Wayne Bass______

Address: _P.O. BOX 181 _____ City:_Lynn State:__AL__ Zip: __35575_____

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes,explain
Purchase / Wayne Bass / Birmingham Coal & Coke Company Inc. / 2/28/06 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: ______Southern Timber Ventures (S)______

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both): ______SURFACE______

Legal owner(s) of record:______Southern Timber Ventures ______

Address: _188 East Capital Street City:_Jackson_State:__Ms__ Zip: __39201_____

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes,explain
LEASE / Southern Timber Ventures / Birmingham Coal & Coke Company Inc. / 08/14/2008 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: ______

State of Alabama, Department of Conservation and Natural Resources (FEE)______

Surface/Mineral/or Fee Simple (both): ______FEE______

Legal owner(s) of recordState of Alabama, Department of Conservation and Natural Resources ______

Address: _64 Union Street_____ City:_Montgomery__State:__AL__ Zip: __36130_____

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes,explain
LEASE / State of Alabama / Birmingham Coal & Coke Company Inc. / 05/11/06 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: Louise Dodd Brown Estate (S)______

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both): ______Surface______

Legal owner(s) of record:______Louise Dodd Brown Estate__(c/o Linda Thompson)______

Address: _1 White Oak Lane_____ City:_Montevallo__State:__AL__ Zip: __35115_____

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes, explain
LEASE / Louise Dodd Brown Estate / Birmingham Coal & Coke Company Inc. / 2/28/06 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: ______AMSouth Bank (M)______

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both): ______MINERAL______

Legal owner(s) of record:______AMSouth Bank Trust – Natural Resources and Real Estate__

Address: __P.O. Box10463______City:_Birmingham____State:__AL_ Zip: ____35202______

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes, explain
LEASE / AmSouth Bank / Birmingham Coal & Coke Company Inc. / 5/20/06 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: ______

Oliver Family Partnership, Ltd (S)______

Surface/Mineral/or Fee Simple (both): ______MINERAL______

Legal owner(s) of record:______Oliver Family Partnership, Ltd. C/o Howard Graham___

Address: __821 Airport Road, South______City:___Jasper______State:__AL___ Zip: ____35501_____

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes, explain
LEASE / Oliver Family Partnership, Ltd / Birmingham Coal & Coke Company Inc. / 10/06/06 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: ______William Hammock (S)______

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both): ______Surface______

Legal owner(s) of record:______William Hammock ______

Address: ___3602 Boot Bay Road______City:__Plant City_____State:__FL___ Zip: ___33567_____

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes, explain
LEASE / William & Barbara Hammock / Birmingham Coal & Coke Company Inc. / 09/09/2007 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: ______Morris & DurindaNoles (FEE)______

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both): ______FEE______

Legal owner(s) of record:______Morris & DurindaNoles ______

Address: 563 Circle M Sub Rd City:Jasper State:AL Zip: 355504

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes, explain
LEASE / Morris & DurindaNoles / Birmingham Coal & Coke Company Inc. / 01/14/2010 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: OLD UNION MISSIONARY BAPTIST CHURCH INC. (S)

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both): ______SURFACE______

Legal owner(s) of record:______Old Union Missionary Baptist Church Inc.______

Address: _2640 County Road 70 _____ City:_Nauvoo State:__AL__ Zip: __35578_____

Holders of leasehold interest: ______

Address:______City:______State: ______Zip:______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry(If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes,explain
LEASE / Old Union Missionary Baptist Church / Birmingham Coal & Coke Company Inc. / 11/25/2011 / NO

PART I C.PROPERTY OWNERSHIP, INTERESTS AND RIGHTS (CONTINUED)

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Legal description of property or permit map symbol: ______

______(SEE PERMIT MAP)______

Surface/Mineral/or Fee Simple (both):______SURFACE ______

Legal owner(s) of record: BTW ENTERPRISES LLC.

Address: 912 EDENTON STREET. City:BIRMINGHAM__ State: __AL______Zip: __35242______

Holders of leasehold interest: ______

Address: ______City: ______State: ______Zip: ______

Purchasers under a real estate contract: ______

Address: ______City: ______State: ______Zip: ______

Description of right to enter or mine:

Describe Right of Entry (If deed indicate where recorded): / Granted
From: / Granted
To: / Date
Granted: / Litigation Pending? (Yes or No)
If yes,explain
LEASE / BTW ENTERPRISES, LLC / Birmingham Coal & Coke Company Inc. / 12/20/2011 / NO

PART I C. (CONTINUED)

2. OWNERSHIP OF SURFACE AND MINERAL LANDS CONTIGUOUS TO THE AREA TO BE MINED.

INSTRUCTIONS:

Provide the information below for the owners of record of all surface and mineral properties contiguous to any part of the proposed permit area.

USE ADDITIONAL SHEETS IN THE FORMAT BELOW AS NECESSARY

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Name: _Trent Harris______

Address: _243 Hidden Ridgr Lane______

City: _ JASPER ____State: _AL___Zip: _35504___