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10-18-1993 11 ~ 12fr1 (i71Y'1 J. E. Si0.6t 8 ~LSSOCiFiTFS TD ' <br />J. E. STOVER & ASSOCIATES <br />2768 corcPASS nRivE, SUITE 101 <br />GRi1ND JUNCTION, COLORADO 81506 <br />PHONES (303) 245-4101, FAX 242-7908 <br />xls: asclxreslirc <br />7(IltS Qr^' ~v~TIOA <br />October 18, 1993 <br />Henry Harbe <br />Mountain Coal Company <br />bleat Elk Hine <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Re: Grand Hess Properties Company <br />Sotice of Undermining Property <br />Gear sire: <br />1'700290 P.01 <br />clvu. raclxreazsa <br />CoHBTRIICTIOiI JmNACT7SIfT <br />I have been iawlved with the management of Grand Heaa Properties <br />Ccaipany, 'GMPC" mace 1985. From 1985 through March 31, 1988, I <br />wan an employee of an associated company which managed the business <br />affairs of G!D?C. Beginning April 1, 1988 to the present, i have <br />been working under a Hanagemeat Services Agreement that provides <br />for the management of the business affairs of GMPC. <br />By letter dated December 13, 1984, Kest Elk Coal Company notified <br />GMPC that. Neat Elk Coal Company ~ron14 be mining ender GC~C'9 <br />surface beginasaq on or about Febranry 1, 1985. Hp latter dated <br />January 8, 1985, West Elk Coal Campaay transmitted a copy of its <br />five year mine plan to GF~C. it is sip aaderataadiag that Rest Elk <br />Coal Company did not begin undermining GHPC's load antil Augast <br />1985. <br />Since GF~C was formed, it has been managed. by iadividnala with <br />knowledge of the coal mining industry. These iadividnals <br />understood the effect underground coal mining could have oa the <br />anrfaae. Hecanse of these faotora and based on my involvement with <br />the maaagoment of GMPC, I believe that the notice GMPC received by <br />letter dated December 13, 1984, .and the receipt of West Elk Coal <br />Companpp's mine plea, was adequate notice of the impending <br />underminiaq of GMPC's land. <br />Please call if you have anp questions. <br />Sincerely, <br />~~ <br />Jim Storer, P.E. <br />Consuitinq Engineer <br />TIITfL P.01 <br />