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2.03.4(2) Statement of Incorporation for Seneca Coal Company <br />Seneca Coal Company is a Delaware Corporation licensed to do business <br />in the State of Colorado. In order to show proof of this statement, <br />and to indicate Seneca Coal Company has right of certain properties <br />and leases, copies of two documents are provided as Attachments 3-1 <br />and 3-2. The first document is a copy of the incorporation <br />certificate for Seneca Coal Company in the State of Delaware. The <br />second document is the Certificate of Authority to conduct business <br />in the State of Colorado. <br />The address for the Office of Seneca Coal Company is: <br />Seneca Coal Company <br />Seneca II Mine <br />36600 Routt County Road 27 <br />P.O. Box 670 <br />Hayden, Colorado 81639 <br />(970) 276-3707 <br />2.03.4(2)(a) Owner, Office and Director Information for the Seneca Coal <br />Company - Peabody Energy Corporation Organizational Family <br />Tree <br />Seneca Coal Company (SCC) is owned by Peabody Coal Company (PCC), which <br />in turn is owned by Interior Holdings Corporation (IHC). Peabody <br />Holding Company, Inc. (PHCI) owns IHC. PHCI is owned by BTU ~POrldwide, <br />Inc. (STU). Finally, Peabody Energy Corporation (PEC) owns all of BTU. <br />Ownership and control information for SCC, PCC, IHC, PHC1, BTU AND PEC <br />is presented in Attachment 3-3. <br />Officers and directors for the companies of the Organizational Family <br />Tree are typically elected or appointed at the annual Board of Directors <br />meeting. Their terms are also renewed at this annual meeting. <br />2.03 .4(2)(b) Principal Shareholders of Seneca Coal Company i <br />Principal shareholder information for Seneca Coal Company and all <br />TR-37 3-10 Revised 04/05 <br />