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2.03. 7 IV. RELATIONSHIP TO AREAS DESIGNATED UNSUITABLE FOR MINING <br />2. 03.7(1) Statement That the Proposed Permit is Not Unsuitable <br /> for Mining <br />The permit transfer for Seneca II Mine encompasses no <br />additional acres beyond those approved for mining under <br />Permit No. C-80-005. No lands within the proposed <br />continuance of Permit No. C-80-005 are within an area <br />designated unsuitable for surface coal mining operations <br />under Rule 7 or 30 CFR 764-769 or under study for <br />designation in an administrative proceeding under Rule 7 or <br />30 CFR 764-769. <br />2.03.7(2) Permit Area is Not Unsuitable for Mining Because o£ <br />Legal and Financial Commitments. <br />The area included in this transfer of permit No. CO-80-005 <br />has not changed since initial approval. Seneca Coal Company <br />hereby reaffirms the claim that the permit area should not <br />be included within an area designated or under study for <br />designation in that the principal shareholder, Peabody Coal <br />Company, has made substantial legal and financial <br />commitments in relation to the operation of Seneca II Mine. <br />2.03.7(3) Ownership Waivers <br />There are no inhabitable dwellings within 300 feet of the <br />Seneca II mining operation. <br />2.03.8 V. PERMIT TERM INFORMATION <br />2.03.8(1) Number of Acres, Starting and Termination Dates of <br />v~~~ nti~~~ <br />See Tabs 12 and 13. <br />The permit area legal description does not change from the <br />original Permit No. C-80-005. <br />TR-37 3-26 Revised 04/05 <br />