with the agreement, is in the public interest and will further the intent and purpose of the Mine
Act.

13. The parties have agreed that Alpha’s payment of the affected citations and/or
orders will not constitute an admission of a violation by any legacy Massey company, Alpha, any
of their affiliates, or any individual of any laws, including local, state or federal statutes or any
principle of common law, except for purposes of the Mine Act, and also consistent with the
terms set forth in the agreement relating to Section 110(c) cases. Furthermore, the parties have
also agreed that Alpha’s payment of the affected citations and/or orders is not and may not be
considered an adjudication on the merits. Finally, if any affected citation and/or order forms the
basis of a charge against an individual pursuant to Section 110(c) of the Mine Act, Alpha’s
payment of these affected citations and/or orders will not prejudice the rights that any individual
may have had but for the payment of the civil penalty as set forth in the agreement. Nor will the
payment by Alpha of any affected citation and/or order be construed in any such Section 110(c)
case as an admission by any legacy Massey company, Alpha, its affiliates, or any individual of
any aspect of these affected citations and/or orders including, without limitation, the fact of any
violation, the gravity of any alleged violation and/or that any individual acted with any
negligence whatsoever in allowing an alleged condition or practice to exist. In any such
proceeding pursuant to Section 110(c) of the Mine Act, MSHA and Alpha agree that the parties
to any such proceeding will bear the same burden of proof on all elements of any charge or
defense, if any, which would have existed in the absence of the payment of the underlying
dockets.

WHEREFORE, for these reasons, Alpha, on behalf of the legacy Massey companies,

withdraws its contest of each affected citation and/or order contained within each case identified

5


FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES

CONTEST PROCEEDINGS®
IN RE: LEGACY MASSEY COMPANIES
CIVIL PENALTY PROCEEDINGS‘

ALJ Margaret Miller

CERTIFICATE OF SERVICE

I hereby certify that a copy of “THE LEGACY MASSEY COMPANIES’ NOTICE
OF WITHDRAWAL AND MOTION TO DISMISS” was served via electronic mail and
Federal Express Mail on this 22TM day of February, 2012, to the following:

Derek Baxter, Esquire

U.S. Department of Labor

Mine Safety and Health Administration
1100 Wilson Boulevard

22TM Floor West

Arlington, VA 22209-2247

Deuicd Abul,

David J. Hardy (WV State Bar No. |
Christopher D. Pence (WV State Bar No. 9095)
Eric L. Silkwood (WV State Bar No. 10243)
Guthrie & Thomas, PLLC

500 Lee Street, East, Suite 800

Post Office Box 3394

Charleston, WV 25333-3394

Phone: (304) 345-7250

Fax: (304) 345-9941

* The affected Contest Proceedings are identified in Exhibits | and 3. Exhibit | identifies Contest Proceedings
which contain citations and/or orders which were later contested and are also contained in Civil Penalty Proceedings
in Exhibit 2. Exhibit 3 identifies Contest Proceedings which contain citations and/or orders that were not assessed
on December 6, 2011.

° The affected Civil Penalty Proceedings are identified in Exhibit 2.

8


10. In the proceedings identified in Exhibit 4, each relevant legacy Massey company
has previously contested the proposed assessment for each affected citation and/or order
contained in those proceedings. Alpha has agreed to withdraw or cause its affiliates to withdraw
the contest of these proposed assessments. Each proposed assessment is attached as an exhibit to
each Petition for Assessment of Civil Penalty. With respect to each affected citation and/or order
in the cases identified in Exhibit 4, upon information and belief, each proposed assessment
accurately sets forth sets forth the operator’s size and its violation history. Further, upon
information and belief, the proposed assessment accurately sets forth any good faith abatement
of each affected citation and/or order. The penalty for each affected citation and/or order is
appropriate in light of the size of each relevant legacy Massey company and each such legacy
Massey company will be able to continue its business despite the penalty. Consequently,
payment of the penalty for all affected citations and/or orders is consistent with Section 110(i) of
the Mine Act. The remaining citations and/or orders contained in the cases identified in Exhibit
4 are not the subject of this Notice and Motion.

11. Alpha and the Secretary have diligently worked to ensure the accuracy of the
information provided in Exhibits 1, 2, 3, and 4. However, it is possible that a case that contains
an affected citation and/or order has been erroneously omitted from Exhibits 1, 2, 3, or 4.
Because every citation and/or order issued to any legacy Massey company as a result of
conditions which existed or conduct which occurred prior to or on June 1, 2011 are intended to
be the subject of this Notice and Motion, Alpha reserves the right to amend Exhibits 1, 2, 3, or 4
as appropriate and upon agreement of the parties.

12. Alpha believes the withdrawal of the contest of each affected citation and/or order

and its agreement to pay $19,855,483.00 to resolve each affected citation and/or order, consistent

4


in Exhibits 1, 2 and 3 and moves for an Order dismissing each case with prejudice. Alpha, on
behalf of each legacy Massey company, withdraws its contest of each affected citation and/or
order contained in each case identified in Exhibit 4 and moves for an order dismissing each
affected citation and/or order from these cases with prejudice. Further, Alpha moves for an order
directing Alpha, on behalf of the Massey legacy companies, to remit $19,855,483.00 to the
Secretary within thirty (30) days in full satisfaction of each affected citation and/or order.
Finally, Alpha moves for leave to amend Exhibits 1, 2, 3, or 4 and/or to add or subtract the cases
affected by this Notice and Motion as appropriate and upon the agreement of the parties.

Respectfully Submitted,

ALPHA NATURAL RESOURCES, INC.,

on behalf of each legacy Massey company*

* ‘Alex Energy, Inc., Alliance Coal Corporation, Aracoma Coal Company, Inc., A.T. Massey Coal Company, Inc., Bandmill Coal Corp.,
Bandytown Coal Company, Big Bear Mining Company, Belfry Coal Corporation, Ben Creek Coal Company, Big Laurel Mining Corporation,
Black King Mine Development, Black Mountain Resources, LLC, Bluff Spur Coa! Company, Boone Energy Company, Bull Mountain Mining,
Corporation, Cave Spur Coal, LLC, Clear Fork Coal Company, Cloverlick Coal Company, LLC, Crystal Fuels Company, Cumberland
Equipment Corporation, Cumberland Resources Corporation, Delbarton Mining Company, Dehue Coal Company, Dorchester Enterprises, Inc.,
Duchess Coal Company, Eagle Energy, Inc., Elk Run Coal Company, Inc., Endurance Mining, Exeter Coal Corporation, Foglesong Energy
Company, Freedom Energy Mining Company, Goals Coal Company, Green Valley Coal Company, Greyeagle Coal Company, Guest Mountain
Mining Corporation, Harlan Reclamation Services, LLC, Hazy Ridge Coal Company, High Splint Coal LLC, Highland Mining Company,
Hopkins Creek Coal Company, Independence Coal Company, Inc., Jacks Branch Coal Company, Joboner Coal Company, JST Mining Company,
IST Resources, LLC, Kanawha Energy, Knox Creck Coal Corp., Logan County Mine Services, Inc., Logan Mining Company, Long Fork Coal
Company, Lynn Branch Coal Company, Maggard Branch Coal, LLC, Majestic Mining, Inc., Mammoth Coal Company, Marfork Coal Company,
Martin County Coal Corp., Massey Energy Company, Massey Coal Services, Inc., Meadow Branch Mining Corporation, Mill Branch Coal
Corporation, Mountain Management, Inc., New Ridge Mining Company d/b/a Coalgood Energy Co., Nicholas Energy Company, Nine Mine
Spur, LLC, North Fork Coal Corporation, Omar Mining Company, Osaka Mining Corporation, Panther Mining, LLC, Peerless Eagle Coal
Company, Performance Coal Company, Peter Cave Mining Co., Pigeon Creek Processing Corporation, Pilgrim Mining Company, Inc., Powell
River Resources Corporation, Power Mountain Coal Company, Progress Coal Company, Raw! Sales & Processing Company, Inc., Road Fork
Development Company, Robinson-Phillips Coal Company, Rockridge Coal Company, Roda Resources, LLC, Rostraver Energy Company, Rum
Creek Coat Sales, Russell Fork Coal Company, Shannon-Pocahontas Mining Company, Shannon-Pocahontas Coal Corporation, Sidney Coal
Company, Inc. d/b/a Rockhouse Energy Mining, Sidney Coal Company, Inc. d/b/a M3 Energy, Sidney Coal Company, Inc. d/b/a Process
Energy, Sidney Coal Company, Inc. d/b/a Solid Energy Mining, Sidney Coal Company, Inc. d/b/a Clean Energy Mining, Sidney Coal Company,
Inc. d/b/a Mount Sterling Energy Mining, Sidney Coal Company, Inc., Spartan Mining Company, Stillhouse Mining, LLC, Stirrat Coal
‘Company, Stone Mining Company, Support Mining Company d/b/a Inman Energy, Sycamore Fuels, Inc., Talon Loadout Company, T.C.H. Coal
Company, Tennessee Energy Corporation, Tennessee Consolidated Coal Company, Thunder Mining, Company, Town Creek Coal Company,
Trace Creek Coal Company, Vantage Mining Company, West Kentucky Energy Company, White Buck Coal Company, Williams Mountain Coal
Company, Winifrede Coal Corporation, Wyomac Coal Company, Mass Transport, Inc., Trace Transport, Inc. Elk Run Line Crew, Green Valley
Trucking, New Ridge Mining Reclamation, New River Energy Corporation, Roadfork Development-Maysville & Black River, Sidney Line
Boring Crew, and Spartan Mining d/b/a Trace Transport, Inc.



FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES

IN RE: LEGACY MASSEY COMPANIES
CIVIL PENALTY PROCEEDINGS?
ALJ Margaret Miller

THE LEGACY MASSEY COMPANIES’
NOTICE OF WITHDRAWAL AND MOTION TO DISMISS

Pursuant to Commission Rule 10, 29 C.F.R. §2700.10, the legacy Massey companies
identified herein provide notice of the withdrawal of their contest of the citations, orders and
proposed assessments in the proceedings referenced herein and move the Commission’s
Administrative Law Judge to dismiss these proceedings with prejudice. In support of this Notice
and Motion, the legacy Massey companies (defined below) state the following:

1. Massey Energy Company, Inc. (“Massey”), had numerous direct and indirect
subsidiaries as of May 31, 2011 that operated mines subject to the jurisdiction of the Federal
Mine Safety and Health Act of 1977, as amended (“Mine Act”). The direct and indirect
subsidiaries of Massey are referred to herein as “legacy Massey companies.”

2. The Secretary of Labor, Mine Safety and Health Administration (“Secretary”),

issued citations and orders to legacy Massey companies on and before June 1, 2011. The

' The affected Contest Proceedings are identified in Exhibits 1 and 3. Exhibit | identifies Contest Proceedings
which contain citations and/or orders which were later contested and are also contained in Civil Penalty Proceedings
in Exhibit 2. Exhibit 3 identifies Contest Proceedings which contain citations and/or orders that were not assessed
on December 6, 2011.

? The affected Civil Penalty Proceedings are identified in Exhibit 2.


Dear! AD bad

David J. Hardy (WV State Bar No. 1594{/
Christopher D. Pence (WV State Bar No. 9095)
Eric L. Silkwood (WV State Bar No. 10243)
Guthrie & Thomas, PLLC

500 Lee Street, East, Suite 800

Post Office Box 3394

Charleston, WV 25333-3394

Phone: (304) 345-7250

Fax: (304) 345-9941


Secretary also issued citations and orders to legacy Massey companies after June 1, 2011, as a
result of conditions which existed or conduct which occurred prior to or on June 1, 2011.

3. The legacy Massey companies were acquired by Alpha Natural Resources, Inc.
(“Alpha”) on June 1, 20112

4, Alpha has agreed that it will withdraw, or cause its affiliates to withdraw, its
contest and pay up to twenty million, two hundred thirty thousand dollars ($20,230,000.00) to
resolve all citations, orders, and proposed assessments pending before the Commission’s
Administrative Law Judges issued to legacy Massey companies on or before June 1, 2011 as well
as those issued after June 1, 2011 as a result of conditions which existed or conduct which
occurred prior to or on June 1, 2011, as identified in Exhibits 1, 2, 3 and 4 (“affected citations
and/or orders”). Consistent with the agreement, Alpha agrees to pay nineteen million, eight
hundred fifty-five thousand, four hundred eighty three dollars ($19,855,483.00) (“penalty”) to
resolve the affected citations and/or orders.

5. Those cases pending before the Commission’s Administrative Law Judges which
contain only affected citations and/or orders are referred to herein as “affected cases” and are
identified in Exhibits 1, 2 and 3. Those cases pending before the Commission’s Administrative
Law Judges which contain both (a) affected citations and/or orders and (b) citations and/or orders
which are not encompassed by this Notice and Motion are identified in Exhibit 4.

6. Alpha, on behalf of each legacy Massey company which is a party to an affected

case pending before the Commission’s Administrative Law Judges, hereby provides notice of the

> Massey is now known as Alpha Appalachia Holdings, Inc. Alpha has become the ultimate parent of all legacy
Massey companies.


withdrawal of each contest of the affected citations and/or orders in each affected case identified
in Exhibits 1, 2, and 3 and moves to dismiss each proceeding with prejudice.

7. Alpha, on behalf of each legacy Massey company which is a party to a case
pending before a Commission Administrative Law Judge identified in Exhibit 4, withdraws its
contest and moves to dismiss the proceedings related to each affected citation and order in the
cases identified in Exhibit 4.

8. The relevant legacy Massey companies have previously contested the proposed
assessment for each affected citation and order contained in each case identified in Exhibits 1
and 2. Alpha has agreed to withdraw or cause its affiliates to withdraw the contest of these
proposed assessments. Each proposed assessment is attached as an exhibit to each Petition for
Assessment of Civil Penalty filed by the Secretary. Upon information and belief, each proposed
assessment accurately sets forth the operator’s size and its violation history. Further, upon
information and belief, the proposed assessment accurately sets forth any good faith abatement
of each citation and order. The penalty is appropriate in light of the size of each relevant legacy
Massey company and each such legacy Massey company will be able to continue its business
despite the payment of the penalty. Consequently, payment of the penalty is consistent with
Section 110(i) of the Mine Act.

9. The contest proceedings identified in Exhibit 3 are contests of citations and/or
orders issued as a result of conditions which existed or conduct which occurred prior to or on
June 1, 2011 that were not assessed on December 6, 2011. Alpha, on behalf of each legacy
Massey company which is a party to a contest proceeding identified in Exhibit 3, moves the
Court, pursuant to Commission Rule 11, 29 C.F.R. §2700.11, to withdraw each Notice of

Contest identified in Exhibit 3 and to dismiss the proceeding with prejudice.

3