PERMFILE46610

• Permit No: C1980003
• IBM Index Class Name: Permit File
• Doc Date: 4/17/2006
• Section_Exhibit Name: 1996 Tab 3 Adjudication File
• Media Type: D
• Archive: No

(8) Facility Name and MSHA Number
The facility name is the Hayden Gulch Mine; the MSHA number is OS-03138.
(9) Interests in Contiguous Lands:
The interests (both surface and coal) that HGTI or its principal shazeholdexs hold on lands
immediately contiguous to the permit boundary are shown on Exhibits 3-3 and 3-4, and are
listed in Appendix 3-2.
Rule 2 03 3~ Com~ance Information
(1) Statement of Nonrevocation of Permit:
HGTI and its principal shazeholdexs have not had a State ox Federal mining permit revoked in
the last five yeazs.
(b) Statement of Bond Forfeiture:
HGTI and its principal shazeholdexs have not forfeited a mitring bond or similar security
deposit in lieu of a bond in the last five yeazs.
(3) List of Violations:
HGTI has not received any notice of violado:n in connection with any surface mining operation
during the previous three yeaz period. Regular Colorado Division of Minerals and Geology
inspections have not resulted in any enforcement actions against HGTI.
Rule 2 03 6: Right of Entry and Operation Information
(1) R~eht of Surface Entrv:
Peabody Energy entered into an Agreement fox Sale of Real Property, dated August 2, 1994,
with H-G Coal Company (HG CC), the previous owner and operator, to purchase
approximately 14,200 aces of surface property in Routt County, Colorado. The First
Amendment to Agreement fox Sale of Real Property, dated September 18, 1994, excluded the
Hayden Gulch Mine pazcel. This parcel, referred to as the Mined Land in the First
Amendment, is located in Sections 29, 30 tine! 31, Township 5 North, Range 88 West, all of the
6~ Principal Meridian.
The Fust Amendment states that the "seller" (HGCC) shall conve}' tide of the Mined Land to
the "buyer" (Peabody Energy) within five business days of the Release Date. For purposes of
this Pextnit Transfer Application, the Release Date is the date the Colorado Division of
Minerals and Geology approves the Permit Transfer Application. Furthermore, the
amendment states that the "From and after dre date of the Closing, and until the
consummation of the Mined Land Closing, Seller shall permit Buyer access to and from the
surface of the Mined Land at any time and from time to time as may be reasonably necessary in
connection with Buyer's use and enjoyment of the Property." A copy of Agreement fox Sale of
Real Property and First Amendment to Agreement for Sale of Real Property transferring
surface ownership to Peabody Energy, which grants Peabody Energy and HGTI right of entry
in the permit area is presented in Appendix 3-3. The Agreement fox Sale of Real Property
further specifically identifies the type and date of execution, specific lands to which the
document pertains and explains the legal rights claimed by Peabody Energy and HGTI. None •
of the rights are the subject of pending litigation.
MR_19 q Revised 04/06