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RECEIVED <br />Mountain Coal Company <br />west Ex I~Ana <br />aee<otnoe em set <br />Somerset, cataraao 8t4aa <br />relephone tr70 9Q95015 <br />Fsx 970 9295596 <br />NOV 2 5 1996 <br />;_,~isipn 0( ldil1Cf215 ~ l.~,v.:,~.~; <br />November 18, 1996 <br />Mr. Thomas C. Anderso4 P.E. <br />Oxbow Carbon ~ Minerals, Inc. <br />Saabora CrodcMiae <br />P.O. Box 535 <br />Somerset, CO 81434 <br />RE: Somerset Domestic Water Supply Drop Structure <br />Dear Tom: <br />iii iiiiiiiiiiiii iii <br />999 <br />~` <br />Mountain Coal Company (MCC) is in receipt of your letter dated November L5, 1996, requesting MCC's <br />assistance in providing the Colorado Division of Miaetalc and Geology (CDMG) with informaflon regarding the <br />West Elk Mine permit boundary. I understand that CDMG will require that the drop swcture be constructed <br />within your approved permit boundary. <br />MCC's permit boundary description, as coa5rmed by our Warranty Deeds, indicates that MCC's permit boundary <br />(and ownership) includes the area in Section 9, south of the North Fork of the Gunnison River to the owter-line of <br />the river. I nnAaretnnA that the Oxbow Carbon and Minerals Inc.'s (Oxbow) Permit boundary includes the area lII <br />Section 9, north of the North Fork of the Gunnison River and also to the center-line of the river. Therefor:, the <br />coastructian of the drop strtrcnrre will oonrr both in Oxbow's and MCC's permit area. MCC grants Oxbow <br />permission to constrtrct the drop structure on Mountain Coal Company Property. btu with the understanding that <br />Oxbow will be responnble for the construction and maintenance of the structure, including related compliance <br />issues. <br />Due to the timing of MCC's power pole relorarion project, as we discussed Monday, November 18, MCC's <br />contractor will construct the river crossing and aooess to the power poles located on the south side of the river. <br />Any construc8on ttecescary for your project beyond this point should be done by Oxbow's contractor, including <br />rechunation. MCC will re-sped the disturbed area on the south side of the river. MCC will leave the river crossing <br />in place for Oxbow's use, and must be cecbtimed by Oxbow following completion of your projoct MCC will also <br />limit the amount of its diswrbanx on both sides of the river. <br />MCC looks forward to working with you on this project Please contact me if you have any questions. <br />~lr`(stine E. Johnston <br />Permitling Specialist <br />cc: DpvidJ3eny, CDMG <br />Gene DiClaudio <br />Phil Schmidt <br />xathy weft <br />tusox.a« <br />