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RN23-06 3-4 Revised 05/23 <br />Rule 2.03.4(8) Facility Name and MSHA Number. <br /> <br />Facility Name: Hayden Gulch Loadout <br />MSHA ID Number: 05-03138 (Closed) <br /> <br />Rule 2.03.4(9) Interests in Contiguous Lands The interests (both surface and coal) that Hayden <br />Gulch Terminal, Inc. holds on lands immediately contiguous to the permit area are listed in Appendix <br />3-3B and shown on Exhibit 3-1, Surface Ownership. <br />Rule 2.03.5 Compliance Information <br />Rule 2.03.5(1)(a) Statement of Non-revocation of Permit. Hayden Gulch Terminal, Inc. and its <br />principle shareholders have not had a State or Federal mining permit revoked in the last five years. <br />Rule 2.03.5(1)(b) Statement of Bond Forfeiture. Kentucky Permit lf8980140 forfeited a bond in <br />1986. A settlement agreement on associated violations and bond forfeiture was reached between AT <br />Massey, Zeigler Coal Holding, and the State of Kentucky. CDMG records indicate the resolution was <br />reached on May 14, 2004, which is the date CDMG shows that HGTI complied with Permit Stipulation <br />lf6. <br /> <br />HGTI nor its principal shareholders have forfeited a mining and reclamation bond or similar security <br />deposit in lieu of a bond in the past five years. <br /> <br />Rule 2.03.5(3) List of Violations. HGTI has not received any Notice of Violation's (NOV's) in <br />connection with any surface mining operation during the previous three years. <br /> <br />Rule 2.03.6 Right of Entry and Operation Information <br /> <br />The documents listed below and contained in Appendix 3-4 document Hayden Gulch Terminal, <br />Inc.'s (owner/applicant/operator) legal right to enter and conduct coal loading operations in the permit <br />area. None of these rights are the subject of pending litigation. Explanations of legal rights <br />claimed, specific lands to which these rights apply, and dates of execution are identified in the <br />documents presented (Appendix 3-4). <br /> <br />1. Special Warranty Deed from Axial Basin Ranch Company and H-G Coal Company <br />to Hayden Gulch Terminal, Inc. (recorded in Book 682 on Page 229 on January 21, 1993). <br />The Special Warranty Deed conveys the fee lands identified on Exhibit 3-1, Surface <br />Ownership; certain easements with the Town of Hayden, Darrell S. Hockett, et al., and <br />Wesley E. Signs identified on Exhibit 3-1A; water rights and mineral interests; and the <br />associated improvements, appurtenances and equipment. <br /> <br />2. Amended and Assigned Right-of-Way 2278, Book 22 between the State of Colorado <br />and Hayden Gulch Terminal, Inc., successor in interest to H-G Coal Company. <br /> <br />3. License Agreement between Western Slope Gas Company and Hayden Gulch <br />Terminal, Inc., successor in interest to H-G Coal Company for a water line to cross a <br />gas line.