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L <br />'~ - . <br />Y <br />~~ 1\ l~ \ \ 1 ~Jril 1.1 t..'1 <br />+ <br /> <br />Mountain Coal Company <br />Wes[ Elk Mine <br />Post Office Box 591 <br />Somerset, Colorado 81434 <br />Telephone 970 929-5015 <br />Fax 970 929-SS9s <br />RECEIVED ®® <br />NOV 18 1996 ®~' <br />plwsian 01 Ndue~ais m eulogy <br />November l 1, 1996 <br />Mr. & Mrs. Larry Mautz <br />1938 Highway 133 <br />Paonia, CO 81428 <br />Re: Proposal on Cabin <br />Just over a year ago in a letter dated September 6, 1995 (attached), I\4ountain Coal Company (1+4CC) <br />proposed paying you 52,500.00 plus make repairs to pour cabin in Section 20. In a follo+e-up letter from <br />you, ++'e received word to proceed ++~[h these repairs, +vhich ++>: did; ho++•ever, you never accepted the <br />52,SOO.GO <br />Mining in the area of the cabin has been complete for ++•ell over a year and sun•ey data indicates that no <br />further subsidence is occurring. However, in a conversation ++-ith you a +veek or so ago, you mentioned that <br />MCC still has an obligation to } ou regarding your cabin and that }•our cabin is still damaged as a result of <br />subsidence. On August 27, 1996, several people (Dave Berry - CDI+4G, Jim Pendleton -CDMG, Mike <br />Boulay -CDMG, Norm Every -MCC, Dave Arnolds - ARCO Coal, Dames & D7oore -Landslide <br />Consultant,.and myself); were able to obscn•e the indicated damage at }•our cabin. As } ou are a++are, if the <br />damage is a 'result of subsidence, MCC has an obligation to repair, replace, or compensate (based on <br />diminished value) for the damage. <br />In consideration of all this, MCC is prepared to make a new offer regarding the cabin. Enclosed is a check <br />for you in the amount of 54,000.00 to cover any damages that are potentially lingering from subsidence. <br />This amount should be more than adequate to cover the alleged damages, az +vell az any diminished value, <br />if any. MCC believes this is urtainly a fair offer and hopes that you agree. <br />In another matter, }•ou mentioned in our last discussion your plans to construct another cabin that might be <br />above the nexrt long++all panel ++•e are planning to mine. MCC ++ishes to discuss this ++~th you, as there may <br />be opportunities to minimize impacts to each other. Let's discuss [his at }our convenience. <br />Sincerely, <br />~CJ`---~ <br />Mr. Phil Schmidt <br />Engineering Manager <br />1liountain Coal Company ' <br />PS/mr <br />Enclosure <br />xc: Dave Bem -CDMG <br />Mike Boulay -CDMG <br />Gene DiClaudio -President, MCC <br />Norm Every -MCC <br />Kathy Welt -MCC <br />