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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of (Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />December 23, 2016 <br />Mr. Jerry M. Nettleton <br />Peabody Energy, Hayden Gulch Terminal, LLC <br />29515 Routt County Road 27 <br />Oak Creek, CO 80467 <br />RE: Hayden Gulch Terminal, LLC (Permit No. C-1992-081) <br />Notice of Violation CV -2016-002, Request to Vacate <br />Dear Mr. Nettleton: <br />This letter is written in response to your November 1, 2016 request to vacate Notice of Violation CV - <br />2016 -002 (NOV), issued to Hayden Gulch Terminal, LLC (HGT) for the Hayden Gulch Loadout on <br />September 21, 2016. I have reviewed the circumstances involved with the alleged NOV and have decided <br />to vacate it as explained below. <br />The NOV was issued for disturbing two separate areas, totaling approximately 1.5 acres, outside of the <br />approved permit boundary. A contractor who was conducting reclamation on the Loadout's rail loop <br />created this disturbance for a laydown area for equipment and reclaimed rail, ties, and ballast. The two <br />disturbance areas were either owned by or leased by Peabody Energy and amounted to less than one-half <br />of one percent of the total permit area (of 391.2 acres). The operator has repaired all of the fencing and <br />reseeded the disturbances with the approved seed mix. Because the lands in question were either owned <br />by or leased by Peabody Energy and there was no environmental harm, the NOV will be vacated. <br />The following advice and direction is offered to avoid this problem in the future. Pursuant to Rule <br />1.04(85), the permit area "includes all areas of land which are or will be affected by surface coal mining <br />and reclamation operations during the term of the permit." Further, pursuant to Rule 2.03.6(1), "each <br />application shall contain a complete and detailed legal description of the proposed permit boundary". <br />Please continue to work closely with the Coal Program staff and your contractors to ensure that HGT <br />remains in compliance with these Rules. <br />Please contact me if you have any questions or comments. <br />Sincerely, <br />Virginia Brannon <br />Director, Division of Reclamation, Mining, and Safety <br />Certified Mail Receipt: 7014 0150 IKW 9138 5150 <br />Return Requested ov.co,_ <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director *.� IS 76* <br />