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~~~~_~~ ~~~~~YJ 1~ ~ Board of County Commissioners P.O. Box 773598 Permit No.: PP2004.070 2. 3. Project Name: Hayden Gulch Loadout SPECIAL USE PERMIT Routt County Board of County Commissioners Owner: Hayden Gulch Terminal, Inc. Address: 701 Market Street, Suite 700, St. Louis, MO 63101 Type of Use: 1) reactivate a rail spur, 2) create a railroad coal unloading facility, and 3) establish a truck haul to supply 2,000,000 tons of coal annually to the Hayden Station Electric Generation Facility. Locationllegal Description: Portions of East'/2 of Section 10, portions of west'/: of Section 14, portions of the east'h of the east %: of Section 15, portion of the northeast Y, of Section 22, portions of the north % of the north Y: of the northwest '/, of Section 23, T6N, R88W of the 6~ PM Period of Permit: Board Approval Date: Conditions of Approval: Specific Conditions Steamboat Springs, CO 80477 (970)879-0108 fax (970)879-3992 February 3, 2008 (see Specific Condition #1) February 8, 2005 This permit is valid for three (3) years, or until Hayden Station completes a rail spur for its annual coal supply. In the event that the Hayden Station does not have a rail spur at the end of the three-year period, this permit will expire. Anew application must be submitted and approved by Planning Commission and the Board of County Commissioners for any use beyond the three-year period. Prior to operation of the facility, the at-grade crossing at County Road 37 shall be improved to include updated active warning devices (flashing lights and gates) to meet the standards of the Routt County Road and Bridge Department and the PUC. Prior to operation of the facility, the at-grade crossing at U. S. Highway 40 shall be improved to include updated active warning devices (flashing lights and gates) to meet PUC and CDOT standards.