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UJ~oming Fuef Compon~ <br />72055 W. Second Place • P.O. Box 75596 • Lakewood, Colorado 80215 Telephone (303) 989-5037 <br />GEOFFREY WESTON <br />VICE PRESIDENT-OEVELOPME NT May 19, 1988 <br />Mr. Antonio M. Deaguero, Jr. <br />6851 Niagra Street <br />Commerce City, Colorado 80022 <br />Dear Mr. Deaguero: <br />As you are aware, Wyoming Fuel Company !WFC) owns or leases <br />:. ~.:,;.;,c; r _<±`..~ Lor coal t.ucated beneath •.•::ur property. ?•~''~ :: -;s <br />obi= ^''~ ~ m..^.ir; oennit fror., tn.? CO~ "_ciOr` M;~...a _ ..~.~.2"Sat:C'. <br />...^isior. .':~hi71 t~ 311 ow idining Gf Ch iS cw~. ~ _ <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 />rte`. e:,.~el fi`i:_r percent ~,•ir_hi;~ _ '..lluvi'l Va.ley ~`_ t:,~' <br />PurCjiui:GiL:: ~iViii, Wh1Ch c3~c 'w a3 tbtaGil3neli tO ei.SUre that ^O <br />material damage or diminution of reasonably foreseeable use could <br />res~.:l*_ in the event of mine subsidence. This permit 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 />a::rface owner at least six months prior to mining beneati; his ~r <br />her property or residence. <br />'riFC had not planned to work under your property until 1990. <br />However, due to unexpected mining problems scuth of the <br />Purgatoire River it is now desireable that we commence mining <br />under your property in the immediate future. <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 months, in accordance with the mining plan attached as <br />Exhibit 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 />compensation or redress concerning surface damage that might <br />occur. Nor shall any requirement of prudent operations by WFC be <br />lessened. <br />