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Mr. Michael Boirlay Page 2 December 3, 1997 soil cement wall. Also enclosed are cross-sectional drawings which provide details on the stone columns, soil cement columns, and the horizontal drain. MCC's geotechnical experts have predicted that March 1, 1998 is a "drop dead" date when a catastrophic failure may occur if appropriate measures to anchor and dewater the slide do not occur. If this failure occurs, facilities would be lost and the West Elk Mine would be forced to cease production until repairs could be made. Therefore, MCC is requesting some flexibility from the Division as we prepare and begin the construction of these mitigation measures. MCC will construct the mitigation measures on an "observation basis" and the design will continue to evolve throughout construction. As such, it is difficult to predict how many will be installed, where they will be placed, the access needed and what other exploratory drilling may be necessary. As is the standard practice at the West Elk Mine, topsoil will be salvaged, drainage controlled, and reclamation (if required) completed, which includes seeding, mulching and erosion control. MCC has designed these mitigation measures for the long term and will remain at final reclamation. MCC will construct the stone columns first. MCC has contracted with a drilling company that has estimated a time of completion, given the size (36-inches in diameter) and the number of stone columns, to be around the first part of March 1998. Therefore, it is critical that we begin this project now. The driller will be on- site December 4, 1997. As you are aware MCC will be visiting with the Division on December 10, 1997 to discuss these projects in more detail. However, in the meantime MCC requests that the Division allow this work to begin tomorrow. MCC appreciates the Division's consideration. Please call if you have any questions. Christine E. Permitting cc: Norm Every Phil Schmidt Kathy Welt slidmit120l.doc