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<br />Ul~oming Fuel Com~on~ <br />12055 W. Second Place • P.O. Boz 15596 • Lakewood, Colorado 80215 • Telephone (303) 989-5037 <br />GEOFFREY WESTON <br />VICE PRESIDENT ~ DEVELOPMENT M ay 19 , 19 8 8 <br />Western Bank <br />P.O. Box 518 <br />... Springer, New Mexico 87447 <br />Attention Mr. Cargill: <br />As you are aware, Wyoming Fuel Company (WFC) owns or l.Pace~ <br />_., .:,g -ia~:~~ :or coal locateG beneath your qty. ::r'": :,as <br />obtc'::zd. _ mi.nir~ permit from thA Cn':;~r:^.~ :nF_~ Lae' :'<•.:7~,ot:--, <br />_ _. is'. r.. (..^(d L: U; to allow minins of ialis ~ _.,. , <br />In January, 1984 notice was published in the Trinidad <br />Chronicle News regarding a permit to mine at the Golden Eagle _ <br />Mine, Weston, Colorado. The permit specifies an extraction rate <br />rc`_ tc exceed f.if.ty percent within the All:: •:ial ~'y~_,~; cF t:he <br />~r^atoit_ _. _- __, •:hich rate •. as esiabli5hed to ensure: :~.a~ :,v <br />material damage or diminution of reasonably foreseeable use could <br />result in the event of mine subsidence. This rer,nit was approved <br />by CMLRD on January 25, 1984. <br />Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining, Section 4.20.2 require that notice be given to a <br />surface owner at least six months prior to raining beneath his or <br />her property or residence. <br />WFC had r.or, planned to work under your property until_ 1990. <br />However, due to unexpected mining problems south of thc- <br />Purgatoire River it is now desireable that we commence mining <br />under your property in the immediate future. <br />r <br />This is your required notice that WFC will commence mining <br />under your property six months from this date; however, with your <br />approval we may begin mining under your property within the next <br />few weeks, in accordance with the mining plan attached as Exhibit <br />A. <br />Therefore, we respectfully request that you waive your right <br />to six months notice under Section 4.20.2 and accept this as <br />sufficient notice to allow us to proceed as planned. By granting <br />this waiver of notice you are not waiving any of your rights to <br />coml5ensation or redress concerning surface damage that might <br />occur. Nor shall any requirement of prudent operations by WFC be <br />lessened. <br />