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• Relationship to Areas Designated Unsuitable for Mining <br />Statement That the Proposed Permit is Not Unsuitable for Mining 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 />Personal Injury and Property Damage Insurance Information <br />Certificate of Insurance <br />Certificate of Insurance is kept on -site in the Compliance File. <br />u <br />TR -71 14 04/10 <br />