2008-12-04_PERMIT FILE - C1994082A ‎(8)‎

• Permit No: C1994082A
• IBM Index Class Name: Permit File
• Doc Date: 12/4/2008
• Section_Exhibit Name: Tab 03 Adjudication File
• Media Type: D
• Archive: Yes

Rig,ht-of-Entry and Operation Information
Right-of-Entry Information. Appendix 3-4 presents information concerning the lease agreements or
property deeds to mine coal and rights-of-way agreements to enter the mine permit area. This
information describes the legal rights under which the applicant is permitted to enter and begin
surface mining activities. They further specifically identify the type and date of execution, specific
lands to which each document pertains, and explain the legal rights claimed by the applicant. None of
these acquired under any of these documents is the subject of pending litigation except the
Assignment of Easement Agreement with Maneotis Sheep Company. Seneca Coal Company has filed
a Quiet Title Suit.
Relationship to Areas Designated Unsuitable for Mining
Statement that the Proposed Permit Area is not Unsuitable for Mining. Under Rule 7.02(3), Peabody
Coal Company, a principal shareholder of the applicant, claims that substantial legal and financial
commitments were in existence prior to January 4, 1977.
Permit Area is not Unsuitable for Mining because of Legal and Financial Commitments. Seneca Coal
Company claims that the proposed 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 the Yoast Mine. On
December 1, 1971, Peabody Coal Company executed an Amended Revised Coal Supply Agreement
with Colorado-Ute Electric Association whereby Peabody Coal Company agreed to supply the coal
requirements of Colorado-Ute's Hayden Station consisting of one 168 megawatt (net) unit and
one250 megawatt (net) unit. The Amended Revised Coal Supply Agreement contemplates coal
deliveries of approximately 27 million tons between now and September 2011.
Ownership Waivers. There is one inhabitable dwelling within 300 feet of the Yoast mining operation.
A signed waiver form is included as the last two pages in Appendix 22-2. This waiver is effective for a
five (5) year period and shall be reviewed with the owner(s) and subject to renewal at each successive
five (5) year permit term.
Permit Term Information
Number of Acres, Starting and Termination Dates of Each Phase. See Tabs 12 and 19. See
Appendix 3-1 for permit area legal description.
Personal Injury and Property Damage Insurance Information
Certificate of Insurance. Current Certificates of Insurance are contained in the Compliance File
located at the Seneca Mine office.
Identification of Other Licenses and Permits Pertinent to Surface Coal Minine
Current Licenses and Permits:
Federal: Mine Safety and Health Administration (MSHA)
Mine ID Number - 05-00304
U.S Environmental Protection Agency (EPA)
NPDES
(see Colorado Department of Public Health and Environment)
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T!R-37 11 Revised 1108