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In addition, pursuant to Technical Revision No. 2 to Permit C-82-057 concerning the <br />realignment of the tie across haul road, Appendix 3-4 includes access agreements with <br />Colorado-Ute Electric Association, Inc. and Land Resources Investment, Inc. la subsidiary of <br />Colorado-Ute Electric Association, Incl. <br />Relationship to Areas Designated Unsuitable for Mining <br />Statement That the Proposed Permit is Not Unsuitable for Mining. Under Rule 7.02131, <br />Peabody Coal Company, a principal shareholder of the applicant, claims that substantial legal <br />and financial commitments were in existence 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 for mining. <br />Permit Area is Not Unsuitable for Mining Because of Legal and Financial Commitments. Seneca <br />Coal Company claims that the proposed permit area should not be included within an area <br />designated or under study for designation in that the principal shareholder, Peabody Coal <br />Company, has made substantial legal and 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 Colorado-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 Inet) unit and one 250 megawatt (net) 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 inhabitable dwellings within 300 feet of the Seneca II-W <br />mining operation. <br />Permit Term Information <br />Number of Acres, Starting and Termination Dates of Each Phase. See Tabs 12 and 19. Sea <br />Appendix 3-1 for permit area legal description. <br />Personallniury and Property Damage Insurance Information <br />Certificate of Insurance. <br />See Attachment 3-3 for insurance information. <br />Identification of Other Licenses and Permits Pertinent to Surface Coal Mining <br />PR-03 15 Revised 1/03 <br />