2018-02-05_PERMIT FILE - C1992081A ‎(3)‎

• Permit No: C1992081A
• IBM Index Class Name: Permit File
• Doc Date: 2/5/2018
• Section_Exhibit Name: Tab 03 Adjudication File
• Media Type: D
• Archive: Yes

Rule 2.03.4(8) Facilitv Name and MSHA Number.
Facility Name: Hayden Gulch Loadout
MSHA ID Number: 05-03138
Rule 2.03.4(9) Interests in Contiguous Lands The interests (both surface and coal) that Hayden
Gulch Terminal, Inc. holds on lands immediately contiguous to the permit area are listed in
Appendix 3-3B and shown on Exhibit 3-1, Surface Ownership.
Rule 2.03.5 Compliance Information
Rule 2.03.50)(a) Statement of Non -revocation of Permit. Hayden Gulch Terminal, Inc. and its
principle shareholders have not had a State or Federal mining permit revoked in the last five years.
Rule 2.03.50)(b) Statement of Bond Forfeiture. Kentucky Permit 1f8980140 forfeited a bond in
1986. A settlement agreement on associated violations and bond forfeiture was reached between
AT Massey, Zeigler Coal Holding, and the State of Kentucky. CDMG records indicate the resolution
was reached on May 14, 2004, which is the date CDMG shows that HGTI complied with Permit
Stipulation 1f6.
HGTI nor its principal shareholders have forfeited a mining and reclamation bond or similar security
deposit in lieu of a bond in the past five years.
Rule 2.03.5(3) List of Violations. In conjunction with ongoing site reclamation activities, HGTI
disturbed a small area of adjacent lands that are owned by Peabody for staging of equipment and
materials. During a regular CDRMS inspection, the inspector wrote an NOV (NOV CV -2016-002
— 09/20/16) for disturbance outside the Permit area. Given the specific circumstances, HGTI
protested the NOV and filed an appeal. On further review and based on additional information
provided by HGTI, the CDRMS subsequently vacated the NOV (12/23/16). HGTI has not
received any other Notice of Violation's (NOV's) in connection with any surface mining
operation during the previousthree years.
Rule 2.03.6 Right of Entry and Operation Information
The documents listed below and contained in Appendix 3-4 document Hayden Gulch Terminal,
Inc.'s (owner/applicant/operator) legal right to enter and conduct coal loading operations in the
permit area. None of these rights are the subject of pending litigation. Explanations of legal
rights claimed, specific lands to which these rights apply, and dates of execution are identified in
the documents presented (Appendix 3-4).
1. Special Warranty Deed from Axial Basin Ranch Company and H -G Coal
Company to Hayden Gulch Terminal, Inc. (recorded in Book 682 on Page 229 on January
21, 1993). The Special Warranty Deed conveys the fee lands identified on
Exhibit 3-1, Surface Ownership; certain easements with the Town of Hayden, Darrell S.
Hockett, et al., and Wesley E. Signs identified on Exhibit 3 -IA; water rights and
mineral interests; and the associated improvements, appurtenances and equipment.
2. Amended and Assigned Right -of -Way 2278, Book 22 between the State of Colorado
and Hayden Gulch Terminal, Inc., successor in interest to H -G Coal Company.
3. License Agreement between Western Slope Gas Company and Hayden Gulch
Terminal, Inc., successor in interest to H -G Coal Company for a water line to cross a
gas line. 1 n
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