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Stipulations to the Permit <br />Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to APPROVE, without <br />conditions, Hayden Gulch Terminal, LLC.'s application for permit revision (PR -01). <br />This decision is based on a finding that the operations will comply with all requirements of the <br />Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. <br />34 -33 -101 et seq., and the Regulations promulgated pursuant to the Act. <br />If no request for a formal hearing is made within thirty (30) days of the first publication of the <br />Division's Notice of Proposed Decision, then this decision becomes final. The permit <br />application, all supporting documentation, and any stipulations or conditions will become a <br />binding part of the permit. <br />Stipulation No. 7: was attached to the permit with the approval of TR6 (June 15, 2006). <br />Technical Revision No. 6 approved the use of the Loadout to off -load rail cars at the Loadout. <br />Stipulation No. 7 required the operator to submit to the Division a duly executed right of entry <br />agreement to use the Seneca II -W Tie - Across Haul road prior to hauling any coal from the <br />Loadout. No coal has been hauled from the Loadout since Stipulation No. 7 was attached to the <br />permit. Due to the addition of the Tie - Across Haulroad into the HGT permit, Stipulation No. 7 <br />will be complied with upon the approval of PR1. <br />The following Stipulation remains in effect: <br />Stipulation No. 8: was attached to the permit on June 15, 2005 with the approval of TR6. <br />Stipulation No. 8 required the operator to provide the Division with an approved copy of a <br />revised air emissions permit prior to any coal unloading activity at the Loadout. HGT complied <br />with Stipulation No. 8 on August 29, 2005 with the submittal of Construction Permit <br />O5RO002O, issued by the Colorado Air Pollution Control Division on August 23, 2005. <br />Construction Permit O5RO002O expired on August 23, 2008. Therefore, Stipulation No. 8 <br />remains attached to the permit. <br />Hayden Gulch Loadout 4 November 22, 2011 <br />