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~:: .. j: In this connection, I note that we have had difficulty in the past agreeing a fair value for your cabin and the price of any diminished value. To remedy this, I propose that we engage an independent appraiser agreeable to both parties to provide an estimate. MCC would be willing to pay the cost of such an appraisal while making it cleaz to the appraiser that the estimate must be entirely objective. If this is agreeable, we will provide you with the names of some potential appraisers and we would welcome you to provide us with the names of any appraisers you might have in mind. You also mentioned on the phone on Friday the problem of additional damage to the road to the cabin. We will inspect this damage when the cabin is inspected and, if it is related to subsidence, we will make repairs as soon as possible (assuming you give us permission). 3. Other Matters In your letter and in our conversations, you have also mentioned damage you attribute to subsidence on the "Down Hill Only" road. Norm Every traveled down this road on July 24 with your daughter, Fads, and did not see any signs of surface damage. If there is mine related subsidence damage to this road, we will make the appropriate repairs. Furthermore, we aze not opposed to making minor improvements to other roads in conjunction with dozer work on your property. MCC is prepazed to work with you, as described above, to remedy damages to roads and structures that may have been caused by subsidence. Please contact me at your earliest convenience so that we can 1) schedule the repays to the road on Jumbo Mountain [and the Down Hill Only road], 2) schedule an inspection of your cabin and the approach road, and 3) exchange the names of independent appraisers. I will be away from the mine on August 14, 16, and 19. Sincerely, Phil G. Schmidt Engineering Manager cc: Mike Boulay, CDMG Dave Berry, CDMG Norm Every, MCC Kathy Welt, MCC Kirk Mueller, ACC Legal 3