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w= <br />-- <br />AFFIDAVIT OFNORMAN REVERY ' <br />I, Nonaun R Evay, being duly sworn, do leerily and avu as follows: <br />1. I am the Engirroairrg Services Supervisor at Moumaia Coal t'ampaays West Elk ]1siao <br />sad am a Registered Professioml Land Surveyor. <br />2. I have rovlewed Mme records to determine when itdniag Srst took place is Section 20 of <br />T13S, R90W of the 6th PM Based on thane records I eaa state with oectainty that <br />mining la Sedioa 20 first occttrrod In July of 1985. <br />a. A Mine Plea prepared oa September ?A, 1985, {ndioates that mining of the 1st <br />West Submaia was the lust mioiag (a Sedioa 20. The Play shows that mining in <br />Sgrtauber of 1985 would ooau bttmedintely earth of the 1st West Submaiq, <br />indicating that the submaln was pdned Immediately prior to the drawing of the plan <br />- i.e., late in the summer of 1985. (Thin map sues attached to Mouauin Coal <br />Company's original roquest to vacate as Fvchib$ F.) <br />b. This is Bother substantiated by a monthly progress map obtained from the <br />Montrose Bureau of Land Maaagemeat (BI.i,~ office Aea (and aubaequentty <br />located In Mauntaia Coal Company's fda) with a progroas update tnviaon date of <br />July 1,1985 which shaavs development east of the east.Gae of Section 20. A copy <br />of the appurtenant secxloa ofthis map is attached. <br />a The east Goa of Section 20 v also the boundary of two tepatate Federal Coal <br />Leases (Federal Lease Nos. 1]-044589 and G0117192. Thin latter lease iaclcrdes <br />Sec6oa 20. The leases aro showing . on the Mice Plan dua,ssed above.) <br />Producxioa records from the BLM indicate that coal was first produced from <br />Federal I.easo No. C-0117192 is July of 1985: • (These tnoords are attached for <br />your t~eview.) Muung tenor havo sxarted is late July because a relatively small <br />aawum ofooel was produced 8rna that lease in July. <br />d. Baud on this Iafonaatioo, h is my coarduston that mining i4 Secdoa 20 fast <br />ocwrted in late July of 1985. <br />Further affuat ssyeth not. <br />'Li ~~~ ~- <br />:: ~~ <br />'ix,~H~M:ItlNla~am <br />