2008-08-06_PERMIT FILE - C1980005

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2.03.7 _RELATIONSHIP TO AREAS DESIGNATED UNSUITABLE FOR MINING 2.03.7(1) Statement That the Proposed Permit is Not Unsuitable for Mining The permit transfer for Seneca II Mine encompasses no additional acres beyond those approved for mining under Permit No. C-80-005. No lands within the proposed continuance of Permit No. C-80- 005 are within an area designated unsuitable for surface coal mining operations under Rule 7 or 30 CFR 764-769 or under study for designation in an administrative proceeding under Rule 7 or 30 CFR 764-769. 2.03.7(2) Permit Area is Not Unsuitable for Mining Because of Legal and Financial Commitments. The area included in this transfer of permit No. CO-80-005 has not changed since initial approval. Seneca Coal Company hereby reaffirms the claim that the permit area should not be included within an area designated or under study for designation in that the principal shareholder, Peabody Coal Company, has made substantial legal and financial commitments in relation to the operation of Seneca II Mine. 2.03.7(3) Ownership Waivers There are no inhabitable dwellings within 300 feet of the Seneca II mining operation. 2.03.8 PERMIT TERM INFORMATION 2.03.8(1) Surface Mining Activities: Number of Acres, Starting and Termination Dates of Each Phase See Tabs 12 and 13. The permit area legal description does not change from the original Permit No. C-80-005. 2.03.8(2) Underground Mining Activities: Number of Acres, Starting and Termination Dates of Each Phase Not Applicable 2.03.9 PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE INFORMATION 2.03.9(1) Certificate of Insurance Certificate of Insurance is kept on-site in the Compliance File. 2.03.10 IDENTIFICATION OF OTHER LICENSES AND PERMITS PERTINENT TO SURFACE COAL MINING Current Licenses and Permits Federal: Mine Safety and Health Administration (MSHA) Mine LID. Number - 05-00304 Issued 11/30/78 MR-58 3-17 Revised 6/08