Registration No. 333-157880

 

 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM T-1

STATEMENT OF ELIGIBILITY UNDER
THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE

     

U.S. BANK NATIONAL ASSOCIATION

(Exact name of Trustee as specified in its charter)

31-0841368
I.R.S. Employer Identification No.

800 Nicollet Mall
Minneapolis, Minnesota		55402
(Address of principal executive offices)		(Zip Code)

Peter C. Qui Belle
U.S. Bank National Association
One U.S. Bank Plaza, 6^th Floor
St. Louis, MO 63101
(314-) 418-3943
(Name, address and telephone number of agent for service)

Arch Coal, Inc.
(Exact name of obligor as specified in its charter)

Delaware		43-0921172
(State or other jurisdiction of incorporation or organization)		(I.R.S. Employer Identification No.)

 

 

TABLE OF ADDITIONAL OBLIGORS

		State or Other Jurisdiction		I.R.S. Employer
Additional Obligor*		of Incorporation or Organization		Identification No.
Allegheny Land Company		Delaware		61-0922221
Arch Coal Sales Company, Inc.		Delaware		43-1335853
Arch Coal Terminal, Inc.		Delaware		61-0941499
Arch Development, LLC		Delaware		27-2039231
Arch Energy Resources, LLC		Delaware		20-8889263
Arch Reclamation Services, Inc.		Delaware		43-1724510
Ark Land Company		Delaware		43-0952128
Ark Land KH, Inc.		Delaware		55-1086280
Ark Land LT, Inc.		Delaware		20-1637677
Ark Land WR, Inc.		Delaware		20-1638026
Ashland Terminal, Inc.		Delaware		55-0619683
Catenary Coal Holdings, Inc.		Delaware		43-1629654
Coal-Mac, Inc.		Kentucky		61-0940536
Cumberland River Coal Company		Delaware		43-1522213
Lone Mountain Processing, Inc.		Delaware		43-1580457
Mingo Logan Coal Company		Delaware		13-3074446
Mountain Gem Land, Inc.		West Virginia		55-0696955
Mountain Mining, Inc.		Delaware		61-0925056
Mountaineer Land Company		Delaware		61-0881912
Otter Creek Coal, LLC		Delaware		27-2484254
Prairie Holdings, Inc.		Delaware		20-5273741
Western Energy Resources, Inc.		Delaware		43-1947588

FORM T-1

Item 1. GENERAL INFORMATION. Furnish the following information as to the Trustee.

     a) Name and address of each examining or supervising authority to which it is subject.

Comptroller of the Currency
Washington, D.C.

     b) Whether it is authorized to exercise corporate trust powers.

Yes

Item 2. AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation.

None

Items 3-15

Items 3-15 are not applicable because to the best of the Trustee’s knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee.

Item 16. LIST OF EXHIBITS: List below all exhibits filed as a part of this statement of eligibility and qualification.

	1.		A copy of the Articles of Association of the Trustee.*
	2.		A copy of the certificate of authority of the Trustee to commence business.*
	3.		A copy of the certificate of authority of the Trustee to exercise corporate trust powers.*
	4.		A copy of the existing bylaws of the Trustee.**
	5.		A copy of each Indenture referred to in Item 4. Not applicable.
	6.		The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached as Exhibit 6.
	7.		Report of Condition of the Trustee as of December 31, 2009 published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7.

SIGNATURE

     Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of St. Louis, State of Missouri on the 2^nd of August, 2010.

Exhibit 6

CONSENT

     In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.

Dated: August 2, 2010

Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
Exhibit 7
As of 3/31/2010
($000’s)

		3/31/2010
ASSETS
Cash and balances due from depository institutions			8,396,049
Securities			45,269,095
Federal funds sold and securities purchased under agreements to resell			3,774,651
Loans and lease financing receivables			180,918,939
Trading assets			1,093,896
Premises and fixed assets (including capitalized leases)			2,220,060
Other real estate owned			1,726,653
Investments in unconsolidated subsidiaries and associated companies			67,633
Intangible assets			13,355,160
Other assets			20,687,148
Total assets			277,509,284
LIABILITIES
Deposits			194,167,405
Federal funds purchased and securities sold under agreements to repurchase			9,849,249
Trading liabilities			362,519
Other borrowed money			31,906,386
Subordinated notes and debentures			7,629,967
Other liabilities			6,648,045
Total liabilities			250,563,571
EQUITY CAPITAL
Common stock			18,200
Surplus			12,642,020
Retained earnings			12,673,897
Noncontrolling (minority) interests in consolidated subsidiaries			1,611,596
Total equity capital			26,945,713
Total liabilities and equity capital			277,509,284

To the best of the undersigned’s determination, as of the date hereof, the above financial information is true and correct.

Date: August 2, 2010