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THOMAS R. YOUNG <br />ATTORNEY AT LAW <br />1265 Meadow Sweet Road <br />• Golden, Colorado 80401 <br />(303)237.9005 <br />January 23, 1989 <br />Certified Return Receipt Requested <br />Mr. Jack Peryatel, President <br />Raton Natural Gas Company <br />P.O. Hox 308 <br />1115 South Second Street <br />Raton, New Mexico 87740 <br />Dear Mr. Peryatel: <br />My client, William T. Davis d/b/a Rimrock Coal Company, <br />has asked that I write to you concerning the liabilities and <br />responsibilities that must be undertaken by Raton Natural <br />Gas Company if the existing gas line crossing the Coal <br />Permit Application Area, situated in the N1/2 Sec. 29, T335, <br />R63W is to remain in place. <br />• Mr. James Stevens with the Mined Land Reclamation <br />Division, Department of Natural Resources, State of Colorado <br />has told Mr. Davis that it is possible to waive the <br />restriction of blasting within 500 feet of a gas <br />transmission line to a lesser distance. Even if the <br />restriction is waived, that under the law, the Permit <br />applicant still remains liable for damage to any structure <br />within the area of the coal permit. <br />With this development, Mr. Davis has instructed me to <br />notify you that he will accept no liability or <br />responsibility for the protection of the gas transmission <br />line during the mining operation. If the gas line is to <br />remain in its present location, Raton Natural Gas Company <br />must accept complete liability and responsibility. Raton <br />Natural Gas Company shall be solely responsible to take <br />whatever actions are necessary to insure that the line is <br />satisfactorily protected during mine operations. <br />We see several alternatives to the actions which Raton <br />Natural Gas Company could undertake to protect its gas <br />transmission line, they are as follows: <br /> (1) Move the gas line to another location while <br /> the coal mining permit is in effect. Return to <br />• original location when mining completed. <br />