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4t <br />Mountain Coal Company <br />West Elk Mins <br />Post Office Box 591 <br />Somsreat, Colorado 81434 <br />Telephone 970 929.5015 <br />Fex 970 929-5595 <br />September 6, 1995 <br />Mr. and Mrs. Larry Mautz <br />1938 Highway 133 <br />Paonia, CO 81428 <br />Re: Proposal: Repair to Cabin <br />Dear Mr. & Mrs. Mautz: <br /> <br />M1 <br />/® <br />t <br />As you know, Mountain Coal Company has completed mining in the vicinity of your cabin located <br />in the SW'/. of Section 20, T13S, R90W, 6th PM. T4ountain Coal surveyed your cabin before and <br />after mining occurred. Survey data indicates that no further subsidence (lowering of the land <br />surface) is occurring and that the footer of your cal;in has settled slightly. Wl»]e the settling of <br />the footer might have resulted from other causes, Mountain Coal is willing to make minor repairs <br />to the cabin, specifically including sealing the gap between slab and footer, certain drywall taping, <br />painting, trimming various doors so that they function properly, tightening the front door hinges, <br />and replacing the bathroom toilet. We are prepared to start immediately with these repairs. <br />In addition, Mountain Coal Company is willing to pay you $2,500.00, which .ve believe exceeds <br />the diminished value, if any, of your cabin, in return for an acceptable release of liability. By <br />signing this proposal, you agree that the approach outlined in this letter fully compensates you for <br />all subsidence damage to your cabin. <br />If you wish, Mountain Coal will retain the services of a mutually acceptable Engineer to inspect <br />the structure for hazards that might exist or might develop as a result of the slight settling. <br />Should a hazard be identified, Mountain Coal would plan for and complete (when convenient to <br />you) appropriate remediation. <br />Please feel free to call me to discuss this proposal. <br />Sincerely, <br />Phil G. Schmidt <br />Engineering Manager <br />xc: E.E. DiClaudio <br />N.R. Every <br />C.E. Johnston, CDMG <br />K.G. Welt <br />Agreed: <br />Larry & Elaine Mautz <br />