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On the basis of the above finding and information contained in the original <br />application package for Permit C -80 -003 (Section 2.03.7, Volume 1), Hayden Gulch <br />Terminal, Inc. claims that the proposed permit area is not within an area <br />designated, or under study for designation, as unsuitable for surface coal mining <br />operations. <br />Rule 2 03 7(3) Ownership waivers <br />There are no inhabitable dwellings within 300 feet of the Hayden Gulch coal <br />handling facility area. <br />Rule 2.03.8 Permit Term Information <br />On December 15, 1992, Hayden Gulch Terminal, Inc. executed the Asset Purchase <br />Agreement with H -G Coal Company and Axial Basin Ranch Company to purchase, along <br />with other assets, the Hayden Gulch Loadout. The Hayden Gulch Loadout facility <br />was included in H -G Coal Company Permit No. C -80 -003. The H -G Coal Company <br />permit was initially issued by the Colorado Division of Minerals and Geology <br />(CDMG) on January 4, 1982. The Permit was successfully renewed on two occasions, <br />January 4, 1987 and January 4, 1992. <br />On December 14, 1992, Hayden Gulch Terminal, Inc. submitted a new permit <br />application to the CDMG covering only the Hayden Gulch Loadout. On May 22, 1993, <br />the CDMG issued Hayden Gulch Terminal, Inc. a new permit covering only the Hayden <br />Gulch Loadout facility under Permit No. C -92 -081. The original permit term <br />expired on May 22, 1998. HGTI filed a permit renewal application (RN -01) with <br />the CDMG in November 1997. The CDMG approved RN01 on July 16, 1998, and extended <br />the permit term for Permit C -92 -081 to May 22, 2003. Permit Renewal 02 (RNO2) <br />was filed with CDMG on November 29, 2002. The CDMG approved RN -02 on July 16, <br />2003, and extended the permit term to May 22, 2008. Permit Renewal 03 (RN -03) <br />was filed with CDRMS on November 17, 2007; it was deemed complete on December 6, <br />2007. CDRMs issued its decision to approve RN -03 on December 3, 2008; the permit <br />has been extended until May 22, 2013. <br />Rule 2.03.8(l) Number of Acres Starting and Termination Dates <br />See Tab 17. See Appendix 3 -1 for permit area legal description. <br />0 Rule 2.03.9 Personal Injury and Property Damage Insurance Information <br />See Attachment 3 -3 for insurance information (Certificate of Insurance). <br />MR -18 9 Revised 09/09 <br />