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• G. LOWELL MORAN <br />1015 15th Street <br />S4alden, CO 80480 <br />(303) 723-4631 <br />March 24, 1980 <br />Mr. Mark Kerr <br />Mine tdanager <br />Kerr Coal Company <br />P. 0. Box 487 <br />Walden, CO 80480 <br />Dear tor. Kerr: <br />• On November 11, 1977, I entered into an Easement Agree- <br />ment with Kerr Coal Company. This Agreement permitted Kerr <br />Coal Company ("Kerr") to use a right.-of-way across my property <br />for purposes of transporting coal from your mine in Jackson <br />County, Colorado. The Easement was expressly stated to be <br />non-exclusive and, by its terms, expires thirty (30) years <br />after its date or when Kerr eases the transporting of coal <br />from its operations in Jackson County, whichever occurs first. <br />I have had an attorney look at this Easement, and it is <br />his opinion that Kerr will have no rights to remove the road <br />from my premises without my permission. Nor does Kerr have <br />the right to do anything outside of the right-of-way granted <br />by the Easement. As you know, this lard is used for other <br />purposes and further encroachment is not permitted without my <br />consent. I will require, however, that the unpaved section of <br />the road be cleaned up on cessation of your operations. By <br />this I mean the berm, culvert and all coal waste should be <br />removed but the road itself must be left so that I may <br />continue to have access across my property. <br />You have inquired whether I would be willing to permit <br />the use of property (200 ft. by 400 ft.) east of your load-out <br />facility for vegetation sampling on an annual basis. So long <br />as this sampling does not involve disturbance of the ground, I <br />am willing to allow you to conduct your sampling for the period <br />• of time required by the federal and state agencies imposing <br />