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Rule 2 03 4(9) Interests in Contiguous Lands The interests (both surface and <br />coal) that Hayden Gulch Terminal, Inc. holds on lands immediately contiguous to <br />the permit area are listed in Appendix 3 -3B and shown on Exhibit 3 -1, Surface <br />Ownership. <br />Rule 2 03 5 Compliance Information <br />Rule 2.03.5(l) (a) Statement of Nonrevocation of Permit Hayden Gulch Terminal, <br />Inc. and its principle shareholders have not had a State or Federal mining permit <br />revoked in the last five years. <br />Rule 2.03.5(l) (b) Statement of Bond Forfeiture Kentucky permit #8980140 <br />forfeited a bond in 1986. A settlement agreement on associated violations and <br />bond forfeiture was reached between AT Massey, Zeigler Coal Holding and the State <br />of Kentucky. CDMG records indicate the resolution was reached on May 14, 2004, <br />which is the date CDMG shows that HGTI complied with Permit Stipulation #6. <br />HGTI nor its principal shareholders have forfeited a mining and reclamation bond <br />or similar security deposit in lieu of a bond in the past five years. <br />Rule 2 03 5(3) List of Violations HGTI has not received any Notice of <br />Violation's (NOV's) in connection with any surface mining operation during the <br />previous three years. <br />Rule 2 03 6 Right of Entry and Operation Information <br />The documents listed below and contained in Appendix 3 -4 document Hayden Gulch <br />Terminal, Inc.'s (owner /applicant /operator) legal right to enter and conduct coal <br />loading operations in the permit area. None of these rights are the subject of <br />pending litigation. Explanations of legal rights claimed, specific lands to <br />which these rights apply, and dates of execution are identified in the documents <br />presented (Appendix 3 -4). <br />1. Special Warranty Deed from Axial Basin Ranch Company and H -G Coal <br />Company to Hayden Gulch Terminal, Inc. (recorded in Book 682 on Page 229 <br />on January 21, 1993). <br />2. Amended and Assigned Right -of -Way 2278, Book 22 between the State of <br />Colorado and Hayden Gulch Terminal, Inc., successor in interest to H -G <br />Coal Company. <br />MR -18 7 <br />Revised 09/09 <br />