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Ul~omin~ Fuel Com{~on~ 12055 W. Second Place • P.O. Box 15596 • Lakewood, Colorado 80215 • Telephone (303)989-5037 • GEOFFREY WESTON VICE PRESIDENT-DEVELOPMEM May 19, 1988 Western Bank P.O. Box 518 Springer, New Mexico 87447 Attention Mr. Cargill: As you are aware, Wyoming Fuel Company (WFC) owns or leases mining righ`.^ _°o- c:o-:: _ ,__ _ad b:ne=.. yo~:r property ~r'C has obtaz-:•1 .. ~~:irlinn, pc_~:it frog: ':ne ;;olcrad~ r:ina!? r-:::d Reciamati~:~. in:~__, -I -.. -..:I t•~ a. ^.::r.ir_ ._ tF. coal. In January, 1984 notice was published in the Trinidad Chronicle News regarding a permit to mine at the Golden Eagle Mine, Weston, Colorado. The permit specifies an extraction rate not to exceed f.~fty oercent within the Alluvial v?1?ey of the Purgatoire Rivr:: ~:• ^%_ '*e was .,_~. ._ __. ;.d t^ ensu::: _i:at no material damage or diminution of reasonably foreseeable use could result in the event of min:: subsidence. This permit was approved by CtdLRD on 7anuary 25, 1984. Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, Section 4.20.2 require that notice be given to a surface owner at least six months prior to mining beneath his or her property or residence. WFC had not planned to work under your property until 1990. However, due to ur.erpected mining problems south of the Purgatoire River it is now desireable that we commence mining under your property in the immediate future. This is your required notice that WFC will commence mining under your property six months from this date; however, with your approval we may begin mining under your property within the next few weeks, in accordance with the mining plan attached as Fxhibit A. Therefore, we respectfully request that you waive your right to six months notice under Section 9.20.2 and accept this as sufficient notice to allow us to proceed as planned. By granting this waiver of notice you are not waiving any of your rights to comptnsation or redress concerning surface damage that might occur. Nor shall any requirement of prudent operations by WFC be lessened.