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~~^~ III IIIIIIIIIIIII III ` <br />LARRY & ELAINE MAUTZ 9y9 <br />1938 HWY 133 <br />PAONIA, COLORADO 81428 <br />PHONE 970-92-6260 FAX 970-929-6260 <br />August 28, 1995 <br />Division Of Minerals ~ Geology <br />Department of Natural Resources <br />1313 Sherman St. Room 215 <br />Denver, Co. 80203 <br />Dear Christine, <br />q cF~~V <br />~~a~l~ <br />As we all know that Mountain Coal Company, West Elk Mine, at <br />Somerset, Colorado, is mining under the property that is owned by <br />Larry 6 Elaine Mautz in the Lone Pine Canyon. <br />Christine, there are several concerns or violations that need to <br />be addressed, some for the first .time and some that seem to be on <br />going. <br />1. The road that Mountain Coal Company, West Elk Mine, used <br />from the new fan system td our property is not in the condition <br />that they first found it./; We need to have this road put back in <br />the condition in which it was originally. <br />2. The refuse pile which was placed on our property now <br />poses another problem, ;, we have a mine dump on our property which <br />. is environmentally unacceptable to a lending institution. They <br />will not make a loan on a piece of land with a mine dump. As you <br />know I have talked with you about this dump on our property and I <br />still feel that Mountain Coal Company, West Elk Mine over stepped <br />their rights in taking it upon themselves to place this dump on <br />our property saying that they had all the rights to do so because <br />this is a part of their mining. No, this dump could have been <br />placed on their own property, such as their staging areas or else <br />where. In an agreement with Mountain Coal Company dated May 13, <br />1994, it states that Mautz shall not place refuse or otherwise <br />discard items on Mountain Coal Lands. Mountain Coal Company, <br />West Elk Mine wants others to do what they will not do on someone <br />else land. In other words Mountain Coal Company, West Elk Mine, <br />wants everyone else not to be able to dump on their land. <br />Mountain Coal Company, West Elk Mine want to be able to dump on <br />the land that they do not own any time and anywhere. <br />3. We have the road that goes from the fan road up Lone <br />Pine Canyon to the old cabins, which Mountain Coal Company, West <br />Elk Mine was to use this road to get to our cabin to do repair to <br />this structure. The road is impassable at this time and has been <br />all summer. Larry & Elaine Mautz, bought at the request of <br />Mountain Coal Company, West Elk Mine culverts to be placed across <br />the road going up Lone Pine road, with the understanding that <br />