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Compliance Information <br />Statement of Nonrevocation of Permit. Seneca Coal Company and its principal shareholders <br />have not had a State or Federal mining permit revoked in the last five years. <br />Statement of Bond Forfeiture. Seneca Coal Company and its principal shareholders have not <br />forfeited a mining bond or similar security deposit in lieu of a bond. <br />List of Violations. Appendix 3-6 lists the Notice of Violations received by Seneca Coal <br />Company in connection with any surface mining operation during a three year period prior to <br />February 5, 2008. <br />Right of Entry and Operation Information <br />RiehtP of Entry Information. Appendix 3-4 presents information concerning the lease <br />agreements or property deeds to mine coal and rights-of-way agreements to enter the mine <br />permit area. This information describes the legal rights under which the applicant is <br />permitted to enter and begin surface mining activities. They further specifically identify the <br />type and date of execution, specific lands to which each document pertains, and explain the <br />legal rights claimed by the applicant. None of the rights acquired under any of these <br />documents is the subject of pending litigation. <br />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. (a subsidiary of <br />Colorado-Ute Electric Association, Inc.). <br />Relationship to Areas Designated Unsuitable for hliniun <br />Statement That the Proposed Permit is Not Unsuitable for Minim. Under Rule 7.02(3), <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 <br />not within an area designated as unsuitable for mining. <br />Permit Area is Not Unsuitable for Mining Because of Legal and Financial Commitments. <br />Seneca Coal Company claims that the proposed permit area should not be included within an <br />area 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 <br />of 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 <br />Coal Company agreed to supply the coal requirements of Colorado-Ute's Hayden Station <br />consisting of one 168 megawatt (net) unit and one 250 megawatt (net) unit. The Amended <br />Revised Coal Supply Agreement contemplates coal deliveries of approximately 27 million tons <br />between now 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. See <br />Appendix 3-1 for permit area legal description. <br />MR-64 11 06/08