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that occurred was localized grading of the access points to RCR37 to provide for a smooth transition (see <br />attached photos). While equipment traffic in these areas impacted the grass stubble remaining after the hay had <br />been cut, the equipment and materials staging activities resulted in no environmental impacts, and the grass in <br />the staging areas will regrow when our leasee tills and plants the fields in the spring. <br />Our rationale in stating that the NOV is unwarranted is based on the considerations explained above, and the <br />fact that a contractor could stage materials and equipment in a contractors yard for a project (even disturbing <br />some additional area in the yard), with no consequence or penalty. Given that the staging areas which were used <br />are owned by Peabody, we find it difficult to understand why similar considerations would not apply, especially <br />since the staging areas are small, the disturbance did not involve any earthwork, is temporary, and will be <br />addressed through the existing land management practices and plans. <br />If, as the proposed abatement requirements indicate, HGT were required to modify the permit area through a <br />permit revision to incorporate the staging areas and reclamation and seeding plans and bond, HGT would then <br />be faced with a new 10 -year reclamation obligation (for an area of about 1.5 acres that is seasonally cropped for <br />hay) at the same time that we are working hard to address and reduce liabilities. Given the circumstances, we're <br />sure you can understand our concerns. <br />We appreciate your continuing support and assistance, and know that you will give this matter your careful and <br />thoughtful consideration. After you have opportunity to review, please feel free to contact me with any <br />questions, or to discuss. <br />Best regards, <br />for Hayden Gulch Terminal, LLC <br />M. e eton <br />F <br />cc: Pat Sollars/Peabody <br />Bryce West/Peabody <br />Brian Watterson/Peabody <br />Miranda Blomquist/Peabody <br />Janet Binns/CDRMS <br />