PERMFILE60040

• Permit No: C1992081A
• IBM Index Class Name: Permit File
• Doc Date: 6/15/2005
• Section_Exhibit Name: Tab 3 Adjudication File
• Media Type: D
• Archive: Yes

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).
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.
9. Colorado Department of Transportation consent to assignment from W.R.
Gzace and Company to Hayden Gulch Terminal, Inc. of all rights held
under Permit No. 5-7-77 for a zail crossing Right-of-Way on Highway 40.
5. Colorado Department of Transportation, Utility Permit 5-7-77
6. Road Use Agreement, Tie-ACroas Haul Road, Right-of-Entry Agreement
between Seneca Coal Company and Hayden Gulch Terminal, Inc.
The Special Warranty Deed conveys the fee lands identified on Exhibit 3-1,
Surface Owne rship and Control; certain easements with the Town of Hayden, Darrell
S. Hockett, et. al., and Wesley E. Signs identified on Exhibit 3-1: water rights
• and mineral interests; and the associated improvements, appurtenences and
equipment.
Statement that the Proposed Permit Area is Not Onsuitable for Operations
On January 4, 1992, the Colorado Division of Minerals and Geology (then Colorado
Mined Land Reclamation Division) made the following findings with regard to the
H-G Coal Company Permit No. C-SO-003 renewal, which included the loadout facility
for which Hayden Gulch Terminal, Inc. Bought a new permit (Source: Mining Permit
- Coal, Permit No. C-80-003, January 4, 1992):
RECITAL III. d) "Granting the permit will not conflict with any designation
decision issued pursuant to Section 522 of the Federal 'Surface Mining Control
and Reclamation Act of 1977,' as amended, (P.L. 95-57), nor is the area proposed
to be mined within an area under study for unsuitability designation in an
administrative proceeding commenced pursuant to Section 34-33-126 or Section 522
of said P.L. 95-87."
On the basis of the above finding and information contained in the original
application package for Permit C-80-003 (Section 2.03.7, Volume 1), Hayden Gulch
TR-06 8 Aevised OS/OS