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qPR-~5-19`J~ 4 14 ~ l•16 1-tlUf1 KLK2LI`1 y00LpFj~ <br />PREVENTION AND CORRECTI( <br />TO <br />832B1d6 P.b4ib`l <br />OF DAMAGES CAUSED BY M=NING <br />(PROPOSED SY RATON WEST FOR INCLUSION IN GOLDEN EAGLE MLNE <br />PERMIT) <br />FYChange of Information an Acceptance of Responsibility for <br />Dama a to Surface. This section has been agreed to among Basin <br />Resources, Inc., (the operator), Raton West - Baldwin Ltd. (a major <br />surface landowner), and Las Animas County. Construction of surface <br />improvements can be accomplished during and after underground <br />mining provided such improvements are properly designed and <br />constructed with full knowledge of the parameters and schedule of <br />mining. The provisions of this paragraph are intended to <br />facilitate the nebessary exchange of information, and to provide a <br />mechanism for the Operator to directly assume the added costs of <br />design and construction caused by existence of underground mining. <br />All of the said entities understand and agree that, generally <br />speaking, the Operator remains liable for all damage to the surface <br />caused by underground mining. The entities do not fully agree as <br />to the scope of such liability; for example, as to liability of the <br />operator for diminution of market value of the surface due to the <br />existence of mining, and this agreement is not intended as a waiver <br />by or estoppel of any party as to any claim or issue. However, the <br />parties believe and intend that the following provisions will <br />greatly diminish, or possibly eliminate, such consequential damages <br />thereby rendering said disagreement moot and benefitting the said <br />three entities and other landowners in the area. <br />Therefore, it is agreed that: <br />1. annual Operator Information. 'The Operator will <br />faithfully carry out the subsidence monitoring plan described <br />elsewhere in this Permit, and .will provide the following current <br />information on June 1 and December 31 of each calendar year to <br />Raton West and Las Animas County: <br />a. Current map of mine workings, updated to reflect previous <br />six months of activity, and projected schedule of future <br />access, haulage way and long wall operations. <br />b. Current projected subsidence effect map. <br />c. Location and identification of all subsidence monitoring <br />points. <br />d. Contour map showing cumulative subsidence. <br />Note: Maps a. through d. shall all show surface ownership <br />boundaries. <br />e_ Data showing subsidence movement measurements, and <br />cumulative subsidence at each point. <br />\proposal. <br />R <br />F <br />~{/s~4 Y <br />