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With CDMG's subsequent approval of HGTI's permit application package (Permit C-92-081), <br />the permitted acres increased to 176.3 acres, of which 105.5 was identified as being disturbed. <br />This included 8.4 acres of disturbance that will occur at the time of final reclamation to <br />accommodate grading activities (i.e., slope reduction). <br />In 2011, HGT LLC filed an application for Pennit Revision 01 that transfers the adjoining area <br />associated with the Tie -Across Haul Road (TAHR) from the Seneca II -W pen -nit area into the <br />Hayden Gulch Loadout pen -nit. This transfer adds an additional 214.7 acres to the current permit <br />area of which 96.6 are disturbed. The new total acreage for the HGL pen -nit is: Permit Area - <br />391 acres and Disturbed Area - 202.1 acres <br />Peabody Coal Company operated the loadout for HGTI from January 1993 to July 1994. <br />Seneca Coal Company operated the loadout from July 1994 to August 1996. Coal was <br />shipped from the Hayden Gulch Loadout to market via railcar during 1994 and 1995. HGTI has <br />operated the loadout since September 1996 until early 2010 when the pennittee name changed <br />to Hayden Gulch Tenninal LLC. On November 3, 1997, HGTI notified the Division that the <br />Hayden Gulch Loadout had been put into temporary cessation as a result of HGTI or its affiliates <br />not having an existing mine requiring the use of a loadout facility at that time. <br />In July 2000 the loadout was returned to active status as part of Technical Revision TR -05. "IR - <br />05 was filed with the Division to upgrade the loadout facility to provide for rail -car unloading (or <br />load -in: 500,000 ton per year unloading throughput) in addition to the permitted railcar and truck <br />loadout operations (1,000,000 tons per year throughput — for a total of 1,500,000 tons per year). <br />The Technical Revision provided for greater flexibility in the operation of the facility, and <br />potentially provided for increased facility longevity. Anticipated market conditions, however, <br />which prompted the 500,000 ton per year load -in technical revision, did not materialize and <br />HGTI again placed the facility in temporary cessation on October 14, 2001. <br />The Hayden Gulch Loadout was considered a strategic asset for HGTI and its parent company, <br />Peabody Energy Corporation. Beginning in October 2001, HGTI and Peabody began exploring <br />market opportunities that might include the loadout facility. At that time, Peabody controlled <br />millions of tons of coal resources I the area to the south of the loadout. Peabody subsidiaries <br />conducted coal exploration at two new properties, south and southwest of Hayden, Colorado, <br />which could use the Loadout facility as part of the transportation network to get the coal to market. <br />Consequently, it is not appropriate to terminate railcar loadout operations at the facility. <br />Another potential opportunity for alternative or modified uses of the loadout considered and <br />pursued was to retrofit the facility to include a train unloading and truck loading operation to <br />assist Peabody in fulfilling its long-term contractual obligations to supply steam coal to the <br />Hayden Station Power Plant and allow Peabody to provide sufficient coal to meet ongoing power <br />generation requirements. For a period of time, Peabody fulfilled its contractual obligations to the <br />Hayden Station by delivering coal by truck from the nearby Twentymile Coal, LLC Foidel Creek <br />Mine. Peabody looked at several transportation alternatives for coal delivery from the Foidel Creek <br />Mine to the Hayden Station Power Plant. The alternatives advocated by the owners of the Hayden <br />Station and several safety, environmental, and local citizens groups were rail haulage of the coal <br />from its source to the Hayden Station or a rail/truck option, with rail haul to a nearby location and <br />truck haulage to the plant using a dedicated haulroad. Because the needed throughput was <br />significantly greater than that approved by TR -05, HGTI prepared a technical revision (TR -06) that <br />presented a new plan to retrofit the loadout facility. Under this plan (unloading coal from rail cars <br />and truck haulage for delivery to the Hayden Station), the existing facility would be refurbished to <br />