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` . <br />i ~ <br />`. IIIIIIIIIIII IIII III ~~ ~ ./ <br />RECEfV.ED <br />JUL 0 3 1995 <br />Wev<rn Fuels{glando June 30, 1995 <br />P.O. Bo. 618 <br />Division of Minerals ~ Geology <br />sad,, cnmad, em1 ~`'n' • John V . Flores . <br />Law Office of John V. Flores <br />398 West Colorado Avenue, Suite 2SE <br />telephone 101!861-1165 P • O. Box 2853 <br />y. dodreu~ti6e Telluride, Colorado 81435 <br />RE: Blasting Co~laint for Property located at 535 Grape Street, Nucla, <br />Colorado <br />Dear Mr. Flores: <br />I was notified via telephone from the Division of Minerals and Geology of <br />your client, Mr. Phil Bunker's complaint of drywall cracking at the <br />residence at 535 Grape Street, Nucla, Colorado. Moreover, I have also been i <br />provided a copy of your letter in this regard from Mr. Murari Shresta, ~ <br />Western Fl-eels Fssociation, Inc. I personally examined the interior of the '~ <br />structure on Friday, June 16, 1995 and observed the cracks above the <br />interior arched door ways and around the window frames. The cracks were ~ <br />obvious, but I do not believe Western Fuels -Colorado, LLC New Horizon Mine ~ <br />is liable for these damages or that WFC blasting caused the cracks in the j <br />drywall. I say this for the following reasons: <br />1) The residence at 535 Grape Street is within the one-half mile <br />(2,640 feet) radius that the Division of Minerals and Geology <br />requires Mining Companies to offer pre-blast surveys of <br />structures. A pre-blast survey documents the condition of each <br />structure for structural damage (drywall cracks, lea}cing roofs, <br />etc.) before blasting conenences. In the spring and summer of <br />1992, all residences and property owners within aone-half mile <br />radius of WFC's mine permit boundary were notified that they <br />had the opportunity to have a pre-blast survey conducted on <br />