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~ ~U~-30-96 TUE 4:08 <br />July 27, 1996 <br />LARRY 6 £LAINE MAUTZ <br />1938 IIWY 133 <br />PAONIA, COLORADO BI428 <br />PHONE 970-929-6260 FAR 970-929-6250 <br />Mountain Coal Company <br />West £lk Mine <br />$ Phil G. Schmidt <br />Post Office Box 591 <br />Somerset, Colorado 81434 <br />Dear Phil, <br />P.03 <br />Thank you for your letter dated July 26, 1996 which was delivered <br />to our home on July 26, 1996. <br />Phil, lets look at what you may be discussing as repairs on our <br />property. Mountain Coal Company, and Weat Elk Mine are mining <br />below the surface for the coal which your company makes a your <br />profit from. The cracks on our property are not only in the <br />road, but are on the mountain side as well. Phil, we do have a <br />crop such as grain, hay etc.,, our crop is scenery - horse <br />adventures, vacations and the hunting season, because the crop at <br />this property is recreation. The hunting in the next few months <br />is for Mule Deer, Elk, Bear and Mountain Lion, from the area that <br />is damaged we will not be hunting hunt. Also on this Section of <br />property we had one water pond and one water sep or spring that <br />no longer exist. <br />Phil, we have large craters in the ground, which Norm Every's <br />Chevy 5-10 pickup can fit into, as well as the Ford Hranco which <br />Mike Boulay, from Colorado Division Mining 6 Geology, was driving <br />will fit into aiong side of the pickup. <br />Now, lets address the damage to the property, not just the road, <br />which needs to be repair. The property needs to be stabilized and <br />the water ponds replaced, the craters filled with dirt, the Aspen <br />trees are broken, and dying. We now have property that will not <br />have live trees, just big craters which cause hazards for the <br />cattle, horses, and our guests. Now, lets talk about the <br />hazards of harvesting our crops: the hunter who, left a wife and <br />kids at home: he falls in the crater while walking down the hill, <br />dies. Then we have cattle on the hill as they graze on the grass <br />that is left. They are subject to these hazards. On the hill we <br />have a baby calf that is blind, he is growing very well and ,is <br />doing fine, until he falls into one of the craters and hie mom <br />follows and they both die. Phil, who is to blame: It is not <br />Larry and Elaine: I believe it is West Elk Mine', problem. We <br />make our money from the guests and hunters, also we rent the <br />pasture for cattle. Now, our guests and hunter's are exposed to <br />