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Interests in Contiguous Lands. The interests (surface and mineral) that Seneca Property, LLC through <br />Sage Creek Holdings LLC holds on lands immediately contiguous to the permit areas are listed in <br />Appendices 3-2 and 3-3 and shown on Exhibits 3-1, 3-2 and 3-3. <br />Compliance Information <br />Statement of Non -revocation of Permit. Seneca Property, LLC and its principal shareholders have not <br />had a State or Federal mining permit revoked in the last five years. <br />Statement of Bond Forfeiture. Seneca Property, LLC and its principal shareholders have not forfeited <br />a mining bond or similar security deposit in lieu of a bond. <br />List of Violations. Appendix 3-6 lists the Notice of Violations received by Seneca Property, LLC in <br />connection with any surface mining operation during a three year period prior to August 5, 2015. <br />Right of Entry and Operation Information <br />Right of Entry Information. Appendix 3-4 presents information concerning the lease agreements or <br />property deeds to mine coal and rights-of-way agreements to enter the mine permit area. This <br />information describes the legal rights under which the applicant is permitted to enter and begin surface <br />mining activities. They further specifically identify the type and date of execution, specific lands to <br />which each document pertains, and explain the legal rights claimed by the applicant. <br />Relationship to Areas Designated Unsuitable for Mining <br />Statement That the Proposed Permit is Not Unsuitable for Mining. Under Rule 7.02(3), Peabody Coal <br />Company, a principal shareholder of the applicant, claims that substantial legal and financial <br />commitments were in existence prior to January 4, 1977. <br />Permit Area is Not Unsuitable for Mining Because of Legal and Financial Commitments. Seneca <br />Property, LLC claims that the proposed permit area should not be included within an area designated <br />or under study for designation in that the principal shareholder, Peabody Coal Company, has made <br />substantial legal and financial commitments in relation to the operation of Yoast Mine. On December <br />1, 1971, Peabody Coal Company executed an Amended Revised Coal Supply Agreement with <br />Colorado -Ute Electric Association whereby Peabody Coal Company agreed to supply the coal <br />requirements of Colorado-Ute's Hayden Station consisting of one 168 megawatt (net) unit and one 250 <br />SO -2 13 Revised 12/2015 <br />