NOTICE

NOTICE Orchard Coal Route 16/5 in Crab Orchard, WV 25827 respectfully requests the Commission to temporarily waive Rule 4.7(b) for a period not to exceed forty five (45) days as set forth below: Allowing the Company to receive coal without certified scales of a period of forty five (45) days or until the scales that have been ordered by Orchard Coal from Kanawha Scales have been put in place and made operational, whichever occurs first. Until such time as the referenced scales are in place Orchard Coal will only receive coal that has been previously weighed at its affiliates’ operations, which said affiliates shall be registered shippers as required by the Rules. Orchard Coal will report all shipments received as required by the Rules. 10-29-THU-8-RHL 3401