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WAIVER <br />'dIIEREAS. Peabody Coal Company, a Oelawa re corporation with offices <br />a[ 000 South Yale. Flagstaff, Arizona 86001, (herpe~inef ter referred to <br />~ as "Peaoody") desires [o ob [a in from _~-RUIN 1111)1-1S5 ~NQ_ <br />•1 I i~ L.DaSS with eudress of~ o, y°r 79~'_ <br />;SI L-N~I~ ST ~°,`,`gi.*(he~~1 fter referred to as the "Owne ri'), <br />as the awnea of an occupied dwelling within 300 fee[ of the surface coal <br />m inino opera [i ons, a waiver pursuant Co [he Colorado Surface Coal Min i~~g <br />keclama Lion Act and [he rules and regulations of the Colorado Mined Land <br />Rec lama [ion Board promuloa ted pursuant [hereto, namely 2 CCR 407-Z. <br /> <br /> <br />HHER EAS, Owne6 has agreed to give [o Peabody a written waiver in <br />satisfaction of the above referenced regulation of Colorado Surface Coat <br />Mining Ac[ and related rules and regulations. <br />(ION, THEREFORE, Owne¢ hereby knowingly waives his/her/their legal <br />right to deny mining opera ttions closer Chan 300 feet [o any occupied <br />dwelling located upon Che land owned by Owners, for and in consideration <br />of the sum of iEN OULLARS and u[Iler goad and valuable considerations the <br />receipt of sufficiency of which is hereby acknowledged. This waiver and <br />consent to coal iniuing operations and all related activities covers all <br />dwellings now and hereafter Iota ted upon the Owner's land, mare <br />particularly described as follows: 751 Lincoln Street, Nuc la, CO 81424 <br />IN 'd ITNESS 'dHEREOF, the undersigned has ezecu [ed this 'dAIVER as of <br />this ~ day of ~,~, 1980. <br />~~~,,,,. ~lrj; <br />uun a uY ,.~r./~ <br />JR ~ <br />Ri'TFiE52 <br />STATE OF ~~,c.~,-,.._~~ ) <br />ss. <br />COUNTY OF _~'!:-,,.~,._._.,_, ) <br />Th9 foregoing instrument was acknowledyyed~~before me Chts /~? day of <br />2-Y,.1 1988 by "cftYrr'$`'FIYIYr, ~ .~,.~ <br />NITiIESS my hand and official seal. <br />MY commission expires ~ ~, 5 - l9 !9 ~a')ir..~,L,, ~ra,lr.,, <br />gcarfi y Public p <br />STATE Of ~ .J ) <br />U ) ss. <br />COUNTY OF ~ ,t..,~„ ~ ) <br />The forogo~ng ins [rumen[ was acknowledged before ~e this ro day of <br />~~ 1988 by ~.,.,:. ~Il~L-~ <br />H[TFFE SS my hand and official seal. <br />My tomniszion expires i-+T_ ~~ri 6.:~ <br />ucarR~Fy uu~fic <br />