PERMFILE68952

• Permit No: C1980003A
• IBM Index Class Name: Permit File
• Doc Date: 8/10/2005
• Section_Exhibit Name: 1996 Tab 3 Adjudication File
• Media Type: D
• Archive: Yes

• (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 shareholders hold on lands
immediately contiguous to the permit boundary are shown on Exhibits 3-3 and 3-4, and aze
listed in Appendix 3-2.
Rule 2.03.5: Compliance Information
(1) Statement of Nonrevocation of Permit:
HGTI and its principal shareholders have not had a State or Federal mining peanit revoked in
the last five years.
Statement of Bond Forfeiture:
HGTI and its principal shareholders have not forfeited a mining bond or similaz security deposit
in lieu of a bond in the last five years.
(3) List of Violations:
HGTI has not received any notice of violation in connection with any surface utining operation
during the previous three year period. Regulaz Colorado Division of Minerals and Geology
inspections have not resulted in any enforcement actions against HGTI.
Rule 2 03.6: Right of Enter and Operation Information
. (1) R~eht of Surface Entrv:
Peabody Energy entered into an Agreement for Sale of Real Property, dated August 2, 1994, with
HGCC to purchase approximately 14,200 acres in Routt County, Colorado. The First
Amendment to Agreement for Sale of Real Property, dated September 18, 1994, excluded the
Hayden Gulch Mine parcel. This pazcel, referred to as the Mined Land in [he First Amendment,
is located in Sections 29, 30 and 31, Township 5 North, Range 88 West, all of the 6~ Principal
Meridian.
The Fust Amendment states that the "seller" (HGCC) shall convey title of the Mined Land to
the "buyer" (Peabody Energy) within five business days of the Release Daie. For pueposes of
this Permit 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 the 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 for 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 azea is presented in
Appendix 3-3. The Agreement for Sale of Real Property further spedfically identifies the type
and date of execution, specific ]ands to which the document pertains and explains the legal rights
claimed by Peabody Energy and HGTI. None of the rights aze the subject of pending litigation.
Rule 2.03.7: Relationship to Areas Designated Unsuitable for Mining
• (1) Statement that the Proposed Perntit Area is Not Unsuitable for Operations:
The Colorado Division of Minerals and Geology made the following findings with regard to the
H-G Coal Company Pemtit No. C-80-003 renewal, which included the Hayden Gulch Mine for
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