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I, Norman R Every, being duly sworn, do testify and aver w follows; <br />1. I am the Enginoaing Services Supervisor at Moumain Cos! Company+s West Elk Ivfiao <br />end am a Regutued Professional Land Surveyor. <br />2. I leave roviewed Mme records to determine when mining fuxt took platy in Section 20 of <br />T13S, R90W of the 6th P.M. Based on these records I can state with certainty that <br />mining iu Section 20 first oaatrred la July of 1985. <br />a. A M(ne Plan prepued an September 20, 1985, indicaus that ailning of the 1st <br />West Submain was the first mWng in Section 20. The Plan shows that mlaing in <br />September of 1985 would ooau immediately south of the 1st West Submait4 <br />indicating that the wbmein wsa mined immediately prior to the drawing of the plan <br />i.0., late in the wmmer of 1985. (This map was attached to Mountain Coal <br />Company's original request to vaate as F-rchrbit F.) <br />b. Thin ie iLtther substantiated by a monthly progress map obtained from the <br />Moatroae 8ureeu of L.snd Management (BLM) office files (end subsequently <br />located In Mountain Coal Company's files) with a progress update revision date of <br />July 1, 1985 which shows development east of the east Gne of Section 20. A copy <br />of the nppunenant secdon of this trap is attached. <br />c. The east line of Section 20 v also the boundary of two separate Federal Coal <br />Leases (Federal Lease Nos. D-044589 and C-0117192. This latter lease iacltrdw <br />Section 20. The leases aro ahowiag on the Mine Plan discussed above.) <br />Production rocords from the B1:.M indicate that wal was first produced from <br />Federal Leaao No. C-0117192 in July of 1985: • (These records are attached for <br />your review.) Mtctiag tttust havo started in late July because a relatively small <br />amount of Dora was produced from that lease in July. <br />d. Based on this information, it is my conchrsion that mining in Section 20 fast <br />occurred in late July of 1985. <br />Further affiant sayoth not. <br />Nottnan R Bvery <br />c,•` <br />;: ~ iii rqV~~ <br />~:~~ ~ <br />_ ,.;.. <br />R :i;J4fi t <br />-: <br />.. • <br />„ - :~ <br />