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'~. 3U~-30-96 TUE 4:09 P. 04 <br />`~ this hazard - as with the Cattle and their owners. Mountain <br />Coal Company and West Elk Mine are receiving their income from <br />under the surface and Larry and Elaine are subject to not being <br />able to receive their income because of the damage to the land <br />which was mined under. <br />YOU have requested that we use other routes and heed with caution <br />because of the potential for additional cracks and the general <br />instability of the area which Mountain Coal Company and West Elk <br />Mine are mining under the surface. Again we are told by Mountain <br />Coal Company and West Elk Mine that there is damage and not to <br />use our property. The use of this road and property traveling <br />across the ranch, for taking horse back trips for paying <br />customers, and causes us to avoid our own land or travel in <br />another area of the ranch because of your mining. We now have to <br />move or adjust our business one more time for Mountain Coal <br />Company and West Elk Mine stop using our property. This allows <br />Mountain Coal Company and West Elk Mine to be able to maintain <br />their income and make money. <br />Phil, we do need to address the other Concerns of which Mountain <br />Coal Company, and West Elk Mine, has affected us have not been <br />resolved to date. <br />1. The repairs to our cabin at Lone Pine Gulch <br />2, The road repairs t0 our Cabin at Lone Pine Gulch <br />3. The road damage to what we call Down Hill Only road <br />4. Now the new damage to the land, trees, and crops. <br />5, The mine dump at the fan sight on the Mautz property. <br />6. This may not be a complete list of the items that <br />Mountain Coal, West Elk Mine impacted the Mautz' with out <br />conclusion. <br />You, ask that we get in touch with Norm Every about allowing you <br />to perform the repairs on our road the week of July 29 to August <br />2, 1996. Phil lets you and I set down on Tuesday, July 30, 1996, <br />here at the ranch and discuss these problems. <br />Phil,°you told Larry us that we should have expected this when <br />we bought the property, because of the mining under the surface", <br />this shows us that Mountain Coal Company, West Elk Mine has <br />little respect for the surface or the land owner. Let's set down <br />and get these problems resolved now. There should be an avenue <br />available to just once allow Phil Schmidt to be responsible. <br />~/rSi~riCerely, <br />`~Ela~~`x~ <br />