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<br />Post-It" Fax Note <br />Mountain Coal Company <br />Wwt t7k IYMn• <br />Post tllnes 8os 891 <br />san•n•L caondo areas <br />T«aphans a0a a1a-solo <br />F•r 802 B2&6596 <br />December 21, 1994 <br />Larry and Elaine Mautz <br />1938 Highway 133 <br />Paonka, Colorado 61428 <br />Re: Lone Pine Access Agreement <br />Dear Larry and Elaine: <br />1gy¢ <br />I understand that you have reseed a question concerning the development waste pile that is under <br />constmction at Mountain Coal Compart~a Lone Pine Ciulch ventilation portal. Please note that <br />under the terms of our Agreement dated May 13, 1994, Mountain Coal can use the apeciSed land <br />for construction of a ventilation facility and "other uses incidem to coal mining." The <br />development waste pile is a necessary consequence of the construction of the ventilation facility <br />and is n use incident to coal mining. The pile was engineered and is being constructed to contain <br />the materiel, primarily rock, with some coal, removed from two ventilation entries (tunnels) into <br />the mine. Af3er all of the development material has been placed in the pile, it will be covered with <br />soil and r>:vegetated. Also, the Agreement contemalatas a surthce disturbance of approximately <br />10 acres, and the waste pile does not create a disturbance of even ono acre. Finally, please <br />remember that the Colorado Division of Minerals and Geology has issued a permit for the <br />ventilation facility that includes creation of the development waste pilo, Mountain Coal is <br />committed by this permit to construct and reclaim the pile per the approved engineered deaigne. <br />If you are imeroated, I will review Noae designs with you. <br />I also understand that over the weekend you directed contractors hired by Mountain Coal <br />Company to atop working on the ventilation facility. In the fltture, if you have a question or <br />concern, please direct it to me. If appropriate, I will have the contractors stop their work. <br />Also remember that, while under wnstruction, the area is a pert of Mountain Coal's regulated <br />mine site and as ouch requires personal protective equipment (i.e. hard hat, safety glasaea, etc.) <br />and hazard training if you are outside of y9ur vehicle. For your and the workers' safety, I would <br />also ask that you travel more slowly through the area during this construction period, Once the <br />fan installation is wmplete, a fence will be constructed around the facility, leaving the road open <br />along the north side of the bench for yow and our access as specified in the Agreement. Then, <br />7871 <br />iii iiiiiiiiiiiu iii <br />999 <br />-~` <br /> <br />