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2.03.7 IV. RELATIONSHIP TO AREAS DESIGNATED UNSUITABLE FOR MINING <br />2.03.7(1) Statement That the Prooos ed Permit is Not Unsuitable for Minino <br />The permit transfer for Seneca II Mine encompasses no additional acres <br />beyond those approved for mining under Permit No. C-80.005. No lands <br />within [he proposed continuance of Permit No. C-80-005 are within an <br />area designated unsuitable for surface coal mining operations under Rule <br />7 or 30 CFR 764.769 or under study for designation in an administrative <br />proceeding under Rule 7 or 30 CFR 764-769. <br />2.03.7(2) Permit Area is Not Unsuitable for Minino Because of Legal and Financial <br />Commitments. <br /> The area included in this transfer of permit No. CO-80-005 has not changed <br /> since initial approval. Seneca Coa t Company hereby reaffirms the claim <br />• that the permit area should not be included within en area des ignated or <br /> under study for designation in that the principal shareholder, Peabody Coal <br /> Company, has made substantial legal and financial commitments in relation <br /> to the operation of Seneca 11 Mine. <br />2.03.7(3) Ownership Waivers <br />There are no inhabitable duel lings within 300 feet of the Seneca II mining <br />operation. <br />2.03.8 V. PERMIT TERM INFORMATION <br />2.03.8(1) Number of Acres. Starting and Termination Dates of Eech Phase <br />See Tabs 12 and 13. <br />• The permit area legal description does not change from the original Permit <br />No. C-BO-005. <br />3-31 Revised 06/30/94 <br />