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TAB 1 <br />• HAYDBN GULCH I.OADODT PBRAffT SOt~AARY <br />On September 28, 1992, Hayden Gulch Terminal, Inc., a subsidiary of Peabody Coal Company, <br />entered into an Asset Purchase Agreement with H-G Coal Company and Axial Basin Ranch <br />Company to purchase, among other assets, a coal loading facility located approximately 2 <br />miles southeast of Hayden, Colorado in Routt County. <br />The coal loading facility was included in H-G Coal Company's permit application for the <br />Hayden Gulch surface coal mine which resulted in issuance of Permit No. C-80-003 by the <br />Colorado Division of Minerals and Geology (then, Colorado Mined )and Reclamation <br />Division) on January 4, 1982. The permit was renewed on two occasions: January 4, 1987 <br />and January 4, 1992. There are no outstanding permitting or enforcement proceedings <br />relating to the loadout area at the present time. <br />Permit No. C-80-003 includes geographically distinct permit areas covering the coal <br />loadout and the mine. The lcedout facility permit area, located seven miles northeast of <br />the mine site, contained 134 permitted acres of which 54 were reported to be disturbed. <br />• In 1986, coal production ceased and final reclamation operations cortmenced at the mine. <br />Concurrently, operations ceased at the loadout, although it was not reclaimed by H-G Coal <br />Company in anticipation of future development of coal reserves that did not materialize. <br />During the preparation of this permit, the analysis of affected lands has resulted in <br />identification of additional acres of disturbance associated with the construction and <br />operation of the loadout facility by the previous owner. <br />Closing under the Asset Purchase Agreement is contingent upon certain conditions, among <br />which include the transfer of issuance, as appropriate, of permits needed to operate the <br />loadout facility without any material adverse change in the permit conditions, <br />requirements, or limitations (or reasonably satisfactory evidence is received by Hayden <br />filch Terminal, Inc., that such transfers or issuances will be approved by the <br />appropriate regulatory authority). The Asset Purchase Agreement does not include the <br />mine site. Consequently, transfer of Permit No. C-80-003 was inappropriate, and Hayden <br />Gulch Terminal, Inc. submitted a new application to operate the coal loading facility <br />pursuant to the Regulations of the Colorado Mined land Reclamation Board of Coal Mining. <br />f <br />J <br />Z Revised 11/2/98 <br />