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3. License Agreement between Western Slope Gas Company and Hayden Gulch <br />Terminal, Inc., successor in interest to H -G Coal Company for a water <br />line to cross a gas line. <br />4. Colorado Department of Transportation consent to assignment from W.R. <br />Grace and Company to Hayden Gulch Terminal, Inc. of all rights held <br />under Permit No. 5 -7 -77 for a rail crossing Right -of -Way on Highway 40. <br />5. Colorado Department of Transportation, Utility Permit 5 -7 -77 <br />6. Road Use Agreement, Tie - Across Haul Road, Right -of -Entry Agreement <br />between Seneca Coal Company and Hayden Gulch Terminal, Inc. <br />7. Surface Use Agreement Assignment between Hockett Brothers and Cottonwood <br />Land Company. <br />8. Easement Agreement between West Routt Rural Health Council, Inc. and <br />Hayden Gulch Terminal, Inc. right to access water well on Lot 2B, Hayden <br />Gulch Terminal Subdivision, Filing No. 3 (recorded at Reception Number <br />546877 on 6/15/2001). <br />9. Routt County Board of County Commissioners, Underground and Utility <br />Permit for construction of water supply line under County Road 37. <br />The Special Warranty Deed conveys the fee lands identified on Exhibit 3 -1, <br />Surface Ownership; certain easements with the Town of Hayden, Darrell S. Hockett, <br />et al., and Wesley E. Signs identified on Exhibit 3 -1A; water rights and mineral <br />interests; and the associated improvements, appurtenances and equipment. <br />Rule 2.03.7 Statement that the Proposed Permit Area is Not Unsuitable for <br />Operations <br />On January 4, 1992, the Colorado Division of Minerals and Geology (then Colorado <br />Mined Land Reclamation Division) made the following findings with regard to the <br />H -G Coal Company Permit No. C -80 -003 renewal, which included the loadout facility <br />for which Hayden Gulch Terminal, Inc. sought a new permit (Source: Mining Permit <br />- Coal, Permit No. C -80 -003, January 4, 1992): <br />RECITAL III.d) "Granting the permit will not conflict with any designation <br />decision issued pursuant to Section 522 of the Federal 'Surface Mining Control <br />and Reclamation Act of 1977,' as amended, (P.L. 95 -87), nor is the area proposed <br />to be mined within an area under study for unsuitability designation in an <br />administrative proceeding commenced pursuant to Section 34 -33 -126 or Section 522 <br />of said P.L. 95 -87." <br />• <br />MR -18 8 Revised 09/09 <br />