2008-12-03_PERMIT FILE - C1992081A ‎(11)‎

• Permit No: C1992081A
• IBM Index Class Name: Permit File
• Doc Date: 12/3/2008
• Section_Exhibit Name: Tab 03 Adjudication File
• Media Type: D
• Archive: Yes

Rule 2 03 7 Statement that the Proposed Permit Area is Not Unsuitable 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-80-003 renewal, which included the Loadout facility
for which Hayden Gulch Terminal, Inc. sought 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. 95-87), 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
Terminal, Inc. claims that the proposed permit area is not within an area
designated, or under study for designation, as unsuitable for surface coal mining
operations.
Rule 2.03.7(3) Ownership Waivers
There are no inhabitable dwellings within 300 feet of the Hayden Gulch coal
handling facility area.
Rule 2.03.8 Permit Term Information
On December 15, 1992, Hayden Gulch Terminal, Inc. executed the Asset Purchase
Agreement with H-G Coal Company and Axial Basin Ranch Company to purchase, along
with other assets, the Hayden Gulch Loadout. The Hayden Gulch Loadout facility
was included in H-G Coal Company Permit No. C-80-003. The H-G Coal Company
permit was initially issued by the Colorado Division of Minerals and Geology
(CDMG) on January 4, 1982. The Permit was successfully renewed on two occasions,
January 4, 1987 and January 4, 1992.
On December 14, 1992, Hayden Gulch Terminal, Inc. submitted a new permit
application to the CDMG covering only the Hayden Gulch Loadout. On May 22, 1°. 93,
the CDMG issued Hayden Gulch Terminal, Inc. a new permit covering only the Hayden
TR-07 9 Revised 03/06