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- ~ _ <br />Ul~oming Fuel Com{~on~ <br />12055 W. Second Place • P.O. Box 15596 • Lakewood, Colorado 80215 • Telephone (303) 989-5037 <br />e!• <br />GEOFFREY WESTON <br />VICE PHESIOENT • OEVEIOPMENT <br />Western Bank <br />P.O. Box 518 <br />... Springer, New Mexico <br />Attention Mr. Cargill: <br />May 19, 1988 <br />87447 <br />As you are aware, Wyoming Fuel Company (WFC) owns or l.oa~es <br />_.., :..g _iah~~ nor coal located ~~beneath your eitl. ::r ';' :tas <br />obt.'::ed _ rninir~• permit ftom thA Cn,rr-+'.r~ l :~~~._~ La-.' '<-,:?;r;,a`;-r <br />__:isi_r• ~!'t4L::i; to allow mining of cnis __„+. <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 />^c `_ to exceed fifty perce.^.t within th; All:~-_ul ~'v~_~.•. ci ttie <br />- "CdtOlr: -. _- ~_, ~:hlc~: rate •~.:.:, esiabllshed to enscce vi.v i. ilv <br />material damage or diminution of reasonably foreseeable use could <br />result in the event of mine subsidence. Thisretmit was approved <br />by CMLRp 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 />surface owner at least six months prior to raining beneath his of <br />her property or residence. <br />WFC had ror, planned to work under your property until 1990. <br />Hodever, due to unexpected mining problems south of. thc- <br />Purgatoire River it is now desireable that we commence mining <br />under your property in the immediate future. <br />r <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 weeks, in accordance with the mining plan attached as Exhibit <br />A. <br />Therefore, we respectfully tequest 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 ate not waiving any of your rights to <br />com~Sensation or redress concerning surface damage that might <br />occur. Nor shall any requirement of prudent operations by WFC be <br />lessened. <br />