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• THIS AGREEMENT, entered into this, 22 day of August , 1996, between Sam and Ida I ~ r with <br />address of P.O. Box 371, Nuda, Colorado 81424, 27391 BB-Road, Nuda, CO 81424 (hereinafter referred to as the "Cwners"), <br />and W@stem Fuels, Cdorado, LLC, a Colorado Limited Liability Company, with address of P.O. Box 628, Nuda, Colorado 81424, <br />(hereinafter referred to as "WFC') as follows: <br />WHEREAS, WFC desires to obtain from Owners of an occupied dwelling within 300 feet of the surface coal mining <br />operations, a waiver pursuant to the Cdoaado Surface Coal NGning Redamation Act and the rules and regulations of the <br />Colorado NGned Land Redametion Board promulgated pursuant thereto, namely 203-7(3). <br />WHEREAS, Ormers have agreed to give to WFC a written waiver in satisfadion of the above referenced regulation <br />of Colorado Surface Coal NGning Act and related rules and regulations. <br />NOW, THEREFORE, Ommers hereby Imowingly waive their legal right to deny mining operations, (Mining Operations <br />in this case is defined as consisting of land deadng, brush rempval, and drainage contrd "only") doser than 300 feet to any <br />occupied dwelling located upon the land owned by Ormers, for and in consideration of the sum of TEN DOLLARS and other <br />good and valuable considerations the receipt of suffidency of which is hereby acknowledged. This waiver and consent to coal <br />mining operations and all related adivities covers all dwellings nowand hereafter located upon the Cwners land, more particulady <br />described as fdfows: 27391 BB~Road, Nuda, CO 81424. , <br />IN WITNESS WHF_REOF, the undersigned have carefully read all of the provisions stated in this instrument, and, as <br />of the date and year first set forth above, has exearted this Waiver. <br />~ER: <br />Ctn /'! ~ v~-- <br />SAM <br />STATE OF Colorado <br />COUNTY OF Montrose <br />The foregoing insWment was acknaMedged before me this 22nd day of August .1996 , <br />by Sam Salazar <br />WITNESS my hand and offical seal. ~!~{~n~ ~ ~~ ~,,. A <br />);be~arn r ~ <br />Notary Public <br />Ny commission expires <br />• <br />r, <br /> <br />1-2 <br />