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Frank & Mary Lou Morgan Waiver <br />Ms.-Niarcia L. Tatvitie <br />EnVitanmental Protection Specialist <br />ORMS t]urango Field Qfhce - foal Program <br />Phone: (970) 247-1184. <br />Paz: {970} 247-5104 <br />Dear Ms_ Talvitie: <br />Our. house, along with related outbuildings, 'is located at 26498 BB27 Rd, about 2 - <br />'miles west of Nucta, Colorado. Western Fuels-Goiaradta, at tts New Horizon Mine, . <br />is;currently mining close to their southwestern ,permit boundary on land leased <br />from us; which -ts ats~ ciase to oui~ homer - <br />Vtite understand that the current laws (Section -2.{#3.7{3}j reguiladng surface coat - <br />n~rintng do not allow mine-related surface disturbance to occur closer tharc 300 <br />feet tb our house. We also understand that fhe company may not be able to mine <br />up to its permit boundary In order to meet the regulations. Since the company is <br />mining coal that we own and far which we receive a royalty, a strict adherence to <br />th'e regulations may cost both the mine company and us money, <br />We have. no objection if the New Horizon Mine operations occur within'the portion <br />of.their permit which is closer than 300 feet to our house. We acknowledge that <br />we have the legal right to deny mining closer than 300 feet to our.house and <br />knowingly waive that right. Of course, as per taw and Ely prior verbal agreerri°e~tt, ' <br />Vtilestern Fuels will repair any damage to our property caused by their mining <br />operations. - <br />Sincerely, <br />-9 ~~ <br />c`?-«'je~--i.. S'.z ~ .~,'•~ :i'~~ ~="rte... --T.- `- ~3':'" <br />Frank Morgan Date ,Mary Lo~ ~n f Date <br />Mr. 8 Mrs. Frank Morgan <br />P.t7. Box 4 . <br />Nucfa, Colorado 81424 <br />Attachment 2.03.7-1-5 <br />