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<br />f. Reasonable density of data showing total thickness of <br />material extracted or planned to be extracted. (No <br />information as to thickness or grade of coal as <br />distinguished from shale or waste material is requested). <br />The data should be sufficient to allow estimates of <br />effect on subsidence due to deviation from approximately <br />six (6~) foot thickness of material extractefl on which <br />subsidence estimates have been based. <br />2. Snformation Dissemination. Las Animas County building <br />department will make the above information available to the public, <br />and will rgauire that all applicants for building permits in the <br />area of projected subsidence (map b.) acknowledge availability <br />thereof and receipt of a copy of this agreement. <br />. <br />3. Structure Desiq~. As a condition of issuing building <br />permits in the Map B area, Las Animas County will require that all <br />structure designs be certified by a registered Colorado <br />professional engineer as designed to withstand effects of the <br />projected. subsidence shown on the information submitted to Las <br />Animas County by operator. <br />4. Trust Account. Payments. <br />a. Operator shall establish a separate trust account at <br />Trinidad National Bank, for payment of the necessary services <br />of a professional engineer to design and certify structures <br />mentioned in paragraph 3 to withstand-effects of subsidence, <br />and to compensate landowners for additional costs of <br />construction according to such design to withstand effects of <br />subsidence. No payment shall be made for any costs 'or <br />expenses not directly required to withstand effects of <br />subsidence. Payment shall be limited to a maximum of $2,000 <br />per structure for such additional engineering costs, and <br />$5,000 per structure for such additional construction costs. <br />Each check from said account shall require two signatures: <br />one by an authorized agent of the Operator, the other by an <br />authorized agent of Raton West or of the Rancho Escondido <br />Property owners Association. <br />b. Operator shall initially establish the said account <br />with a deposit of $30,000 and shall replenish it from time to <br />time to maintain a minimum $20,000 balance. Ten years after <br />completion of mining within the outer perimeter of Rancho <br />Escondido as shown on map _, said account may be closed and <br />the remaining balance returned to operator. <br />c. Any disputes arising under this paragraph shall be <br />resolved by binding arbitration by registered Colorado <br />professional engineers under the rules of the American <br />Arbitration Association, one engineer to be appointed by the <br />operator, one by Raton West or the Rancho Escondido Property <br />\proposal. 2 ~ ~~ <br />Y ~5 (y~r <br />