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• <br />TAB 1 <br />HAYDEN GULCH LOADOUT PERMIT SUMMARY <br />On September 28, 1992, Hayden Gulch Terminal, Inc. (HGTI) , a subsidiary of <br />Peabody Energy Corporation (Peabody), entered into an Asset Purchase <br />Agreement with H -G Coal Company and Axial Basin Ranch Company to purchase, <br />among other. assets, a coal loading facility, the "Hayden Gulch Loadout", <br />which is located in Routt County, Colorado, approximately 1.5 miles <br />southeast of the Town of Hayden, Colorado. <br />This coal loading facility was originally included in H -G Coal Company's <br />permit application package for the Hayden Gulch Mine, a surface coal mine <br />permitted under Mining and Reclamation Permit No. C -80 -003 by the Colorado <br />Mined Land Reclamation Division (a precursor to the Colorado Division of <br />Reclamation, Mining and Safety [CDRMS]) on January 4, 1982. The permit was <br />renewed by H -G Coal Company on two occasions: January 4, 1987 and January <br />4, 1992. <br />Permit No. C -80 -003 (as originally approved in 1982) included <br />geographically distinct permit areas covering the coal loadout and the <br />surface mine. The loadout facility area, located seven miles northeast of <br />the mine site, as originally permitted contained 134 permitted acres of <br />which 54 were reported to be disturbed. In 1986, coal production ceased <br />and final reclamation operations commenced at the surface mine. <br />Concurrently, operations ceased at the loadout, although it was not <br />reclaimed by H -G Coal Company in anticipation of future development of coal <br />reserves it held in the area of the Hayden Gulch Mine. <br />The closing between HGTI and H -G Coal Company and Axial Basin Ranch Company <br />under the Asset Purchase Agreement was contingent upon certain conditions. <br />These conditions included the transfer of issuance, as appropriate, of <br />permits needed to operate the loadout facility without any material adverse <br />change in the permit conditions, requirements, or limitations (or <br />reasonably satisfactory evidence is received by Hayden Gulch Terminal, <br />Inc., that such transfers or issuances will be approved by the appropriate <br />regulatory authority). <br />MR -16 1 Revised 11/07 <br />