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In addition, pursuant to Technical R vision No. 2 to Permit C-82-057 concerning the <br />realignment of the tie across haul ro d, Appendix 3-4 includes access agreements with • <br />Colorado-Ute Electric Association, Inc. nd Land Resources Investment, Inc. la subsidiary of <br />Colorado-Ute Electric Association, Incl. <br />Statement That the Pro osed Permit i Not Unsuitable for Minin Under Rule 7.02131. <br />Peabody Coal Company, a principal shar holder of the applicant, claims that substantial legal <br />and financial commitments were in exist nce prior to January 4, 1977. Further, in the 1985 <br />proposed decision document for Permit C 82-057, the Division found that the permit area is not <br />within an area designated as unsuitable f r mining. <br />Permit Area is Not Unsuitable for Minin ecause of Le al and Financial Commitments, Seneca <br />Coal Company claims that the propose permit area should not be included within an area <br />designated or under study for designs ion in that the principal shareholder, Peabody Coal <br />Company, has made substantial legal an financial commitments in relation to the operation of <br />Seneca II-W Mine. On December 1, 1971, Peabody Coal Company executed an Amended <br />Revised Coal Supply Agreement with Co orado-Ute Electric Association whereby Peabody Coal <br />Company agreed to supply the coal requirements of Colorado-Ute's Hayden Station consisting <br />of one 168 megawatt Inetl unit and one 250 megawatt Inet) unit. The Amended Revised Coal <br />Supply Agreement contemplates coal deliveries of approximately 27 million tons between now <br />and September 2011. <br />Ownership Waivers. There are no inha itable dwellings within 300 feet of the Seneca II-W <br />mining operation. <br />Permit Term Information <br />Numher ni Ar.res_ Sf artina and Terminat on Dates of Each Phase. See Tabs 12 and 19. See <br />Appendix 3-1 for permit area legal descri lion. <br />Personal Injury and Property Dama a Ins ranee Information <br />Certificate of Insurance. <br />See Attachment 3-3 for insurance inform lion. <br />• <br />• <br />PR04 15 Revised 09/03 <br />