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<br />May 19, 1988 <br />Mr. Frank Villa <br />President <br />Colorado & Wyoming Railroad <br />P.O. Box 316 <br />Pueblo, Colorado 81002 <br />Dear Frank,. <br />-.~ <br />As we discussed a while ago, at the Golden Eagle Mine we had <br />not intended to work northwards, under your railroad and across <br />the river valley f_~r a few years, but then unfortunately had <br />~:ncoun+..ered the. ::ev•:re yas any? =~~!_~ _. p_oble:~s ::n Secnr:d S.i%;« <br />:~v_: ~ :. 10!:. <br />As we agreed, this meant that we would have to drive <br />northwards with First North and Third North sections to maintain <br />output and shipments to AEPCO. These sections would mine coal <br />under your railroad. We would not extract more than 50~ of the <br />^oai. as r;;,;~i. ., by c::r mi::.^.9 e~rmi~. .:i^h~ `.gas peen -;•orwed <br />uy the Colorado Mined Land Reclamation Department. <br />Because of the urgent! to -esume mining northwards, you <br />generously agreed to waive the six month notice prior to mining <br />which you could have required under the regulations. I <br />acknowledged that your waiver dial not surrender your right 'to <br />remedy if any material damage occurred. <br />If your recollection of the above is different to mine, <br />please let me know. <br />To bring you up to date, I am enclosing a plan which shows <br />the current position. Third North Section is now some 200 feet <br />north of the railroad and First North Section has still 200 feet <br />to go before it will be under the railroad. <br />Thanks again for your assistance in this matter and, as <br />always, if you would like to discuss this matter further, we can <br />meet. <br />Yours sincerely, <br />* Geoffrey'~eston <br />Vice President - Development <br />GW/ch <br />