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S <br />Page 2 <br />6. Continued .. . <br />A June 10, 1983 inspection by Savage, Munson, Pendleton and Mathews <br />reported the revegetated area was exhibiting good vegetative cover, good <br />productivity and poor to fair diversity. <br />In summary, Sun Coal maps show 1982 as the first growing season for <br />approximately 30 percent (30%) of the 1981 reclamation. Sun Coal <br />believes 1984 was the first growing season for 60 percent (60%) of the <br />1983 reclamation. The remaining 10 acres were seeded in the Spring of <br />1984. <br />7. The Coal Crusher well permit No. 22690F and the Officer Trailer well <br />No. 92725 were decreed to Sun Coal Apri121, 1978 (copies enclosed). <br />This property will be traded to Eilts. <br />8. In the facilities area, Sun Coal has removed areas covered with coal fines, <br />removed excess road gravel, scarified compacted areas and topsoiled <br />disturbed areas where necessary. This work was done in 1983. <br />With some minor carbon cleanup and a roof on the crusher pit, the area <br />will remain as is for Eilts. He has repeated and believes he has the right to <br />the remaining property and refers to the following quote May 15, 1975 <br />Amended and Restated Coal Mining Lease page 5, No. 11 "Lessee shall not <br />remove any structure or building which shall be deemed to have become a <br />part of the real property without the written consent of Lessors". <br />The crusher, belt loadout, and tipple were removed in 1991 and 1992 <br />because they were not part of the post-mining land use. All the remaining <br />material is and will be used in Eilts' operation. <br />Sincerely, <br />ryan J. Archer, Manager <br />Sun Coal Company <br />~.1P <br />Enclosures <br />