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Relationship to Areas Designated Unsuitable for Mining <br />Statement That the Proposed Permit is Not Unsuitable for Mining. Under Rule <br />7.02(3), Peabody Energy Corporation a principal shareholder of the applicant, claims <br />that substantial legal and financial commitments were in existence prior to January 4, <br />1977. Further, in the 1985 proposed decision document for Permit C-82-057, the <br />Division found that the permit area is not within an area designated as unsuitable for <br />mining. <br />Permit Area is Not Unsuitable for Mining Because of Legal and Financial <br />Commitments. Seneca Property, LLC claims that the proposed permit area should <br />not be included within an area designated or under study for designation in that the <br />principal shareholder, Peabody Energy Corporation, has made substantial legal and <br />financial commitments in relation to the operation of Seneca II -W Mine. On <br />December 1, 1971, Peabody Energy Corporation (Peabody Coal Company) executed <br />an Amended Revised Coal Supply Agreement with Colorado -Ute Electric <br />Association whereby Peabody Coal Company agreed to supply the coal requirements <br />of Colorado-Ute's Hayden Station consisting of one 168 megawatt (net) unit and one <br />250 megawatt (net) unit. The Amended Revised Coal Supply Agreement <br />contemplates coal deliveries of approximately 27 million tons between now and <br />September 2011. <br />Ownership Waivers. There are no inhabitable dwellings within 300 feet of the <br />Seneca II -W mining operation. <br />Permit Term Information <br />Number of Acres, Starting and Termination Dates of Each Phase. See Tabs 12 and <br />19. See Appendix 3-1 for permit area legal description. <br />SO -2 17 12/2015 <br />