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List of Violations. Appendix 3-6 lists the Notice of Violations received by Seneca Coal Company in <br />connection with any surface mining operation during a three year period prior to February 5, 2008. <br />Right of Entry and Operation Information <br />Eight of Entry Information. Appendix 3-4 presents information concerning the lease agreements or <br />property deeds to mine coal and rights-of-way agreements to enter the mine permit area. This <br />information describes the legal rights under which the applicant is permitted to enter and begin <br />surface mining activities. They further specifically identify the type and date of execution, specific <br />lands to which each document pertains, and explain the legal rights claimed by the applicant. None <br />of the rights acquired under any of these documents is the subject of pending litigation except the <br />Assignment of Easement Agreement with Maneotis Sheep Company. Seneca Coal Company has <br />filed a Quiet Title Suit. <br />Relationship to Areas Designated Unsuitable for Mining <br />Statement That the Proposed Permit is Not Unsuitable for Mining. Under Rule 7.02(3), Peabody <br />Coal Company, a principal shareholder of the applicant, claims that substantial legal and financial <br />commitments were in existence prior to January 4, 1977. <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 Company, <br />has made substantial legal and financial commitments in relation to the operation of Yoast Mine. On <br />December 1, 1971, Peabody Coal Company executed an Amended Revised Coal Supply Agreement <br />with Colorado-Ute Electric Association whereby Peabody Coal Company agreed to supply the coal <br />requirements of Colorado-Ute's Hayden Station consisting of one 168 megawatt (net) unit and one <br />250 megawatt (net) unit. The Amended Revised Coal Supply Agreement contemplates coal deliveries <br />of approximately 27 million tons between now and September 2011. <br />Ownership Waivers. There is one inhabitable dwelling within 300 feet of the Yoast mining <br />operation. A signed waiver form is included as the last two pages in Appendix 22-2. This waiver is <br />effective for a five (5) year period and shall be reviewed with the owner(s) and subject to renewal at <br />each successive five (5) year permit term. <br />MR-28 14 Revised 06/08