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TAB 1 <br />HAYDEN GULCH LOADOUT PERMIT SUMMARY <br />On September 28, 1992, Hayden Gulch Terminal, Inc. (HGTI), a subsidiary of <br />Peabody Holding Company, Inc., entered into an Asset Purchase Agreement <br />with H-G Coal Company and Axial Basin Ranch Company to purchase, among <br />other assets, a coal loading facility located approximately 2 miles <br />southeast of Hayden, Colorado in Routt County. <br />The coal loading facility was originally included in H-G Coal Company's <br />permit application for the Hayden Gulch surface coal mine which resulted in <br />issuance of Permit No. C-80-003 to H-G Coal Company by the Colorado <br />Division of Minerals and Geology (CDMG; then, Colorado Mined Land <br />Reclamation Division) on January 4, 1982. The permit was renewed by H-G <br />Coal Company on two occasions: January 9, 1987 and January 9, 1992. <br />Permit No. C-80-003 (as originally approved in 1982) included <br />geographically distinct permit areas covering the coal loadout and the <br />surface mine. The originally approved loadout facility area, located seven <br />miles northeast of the mine site, contained 139 permitted acres of which 54 <br />were reported to be disturbed. In 1966, coal production ceased and final <br />reclamation operations commenced at the surface mine. Concurrently, <br />operations ceased at the loadout, although it was not reclaimed by H-G Coal <br />Company in anticipation of future development of coal reserves it held in <br />the area of the Hayden Gulch Mine. During the preparation of this permit <br />application by HGTI (application date of December 14, 1992), the analysis <br />of affected lands resulted in identification of additional acres of <br />disturbance associated with the construction and operation of the loadout <br />facility than what was reported in the original permit by the pervious <br />owner. <br />The closing between HGTI and H-G Coal Company and Axial Basin Ranch Company <br />under the Asset Purchase Agreement was contingent upon certain conditions. <br />These conditions included the transfer of issuance, as appropriate, of <br />permits needed to operate the loadout facility without any material adverse <br />change in the permit conditions, requirements, or limitations (or <br />reasonably satisfactory evidence is received by Hayden Gulch Terminal, <br />Inc., that such transfers or issuances will be approved by the appropriate <br />regulatory authority). The September 1992 Asset Purchase Agreement did not <br />include the mine site. Consequently, transfer of Permit No. C-00-003 was <br />TR-06 1 Revised OS/OS <br />