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WA IYER <br />'WIICREAS, Peabody Coal Company, a Delaware corpora Lion with offices <br />_ at 000 South ra le, Flagstaff, Arizona 86001, (he^re i//naf ter referred to <br />) as "Peabody") desires [o ob Win from ~/ i,e /~~ ~X <br />• with address of ~t'o ./.sT <br />qL; rT_~c.dris ilf<B Co (hereinafter referred [o as the "Owner"), <br />as the owner of an occupied dHelling within 300 fee[ of the surface coal <br />mining operations, a waiver pursuant to the Colorado Surface Coal Mining <br />Reclamation Act and [he rules and regula times of Che Colorado Mlned Ldnd <br />Reclamation Board promulgated pursuant thereto, namely 2 CLR 401-Z. <br />WHEREAS, Owner has agreed Co give [o Peabody a written waiver in <br />'~ sa Cisfac Lion of the above referenced regulation of Colorado Surface Coal <br />Mining Act and related rules and regulations. <br />NOW, THEREFORE, Owner hereby kn ox ingly waives his/her/tt~e it legal <br />right to deny mining operations closer Chan 300 feet [o any occupied <br />dxelling located upon [he land owned by Owner, for and in cons idera [ion <br />of the swn of TEtI OULLARS and oilier goad and valuable considerations the <br />receipt of sufficiency of wlii ch is hereby acknowledged. This waiver and <br />cons en[ td coal mining operations and all related activities covers all <br />dxellings now and hereafter located upon Che Oxner's land, more <br />particularly described as follows: 6a0 West 7th Street, Nuc la, CO 81a24 <br />1N !IITNESS WHEREOF, the ~nde r;igned has/ executed :his WAIVER as of <br />[his /y~~ day of f e b~` 1988. <br />r <br />OWN P 8 Y £~~S• <br />~•/i'f~ <br />' WN R 9~ ~ <br />STATE OF F,..f'r,.~c:: ) <br />ss. <br />COUNTY OF y'+~.,,,2 ~ ) <br />I <br />The foregoing instrument was acknowledged before me this ~ day of <br />' _ ~ ~.A-.rT...l.'~..~ 1988 by "rl ..._.. .9,.~(. `r'f .:.~ <br />, ~ `, <br />WITNESS my hand and official seal. <br />My comniszion expires /%-,~ ;t 5 /~~...,1~,~ .f_Cl~/~;.,.,; <br />~~ otar~ric ? <br />STATE OF ~."s~_.o_.___J ) <br />/~ ~ ) ss. <br />COUNTY OF /~s=-.~,..~ ) <br />The foregoing i)r strument was acknowledged before m this ~o day of <br />.~is_-'~,r~/ , 1988 by Cis,. ~~. <br />v WI TtIE SS my hand and official seal. <br />My COnmiSSion expires is C/ ~~~ ~ -'~ <br />u ary uu iC <br />