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<br />David Berry - 3 - October 10 1997 <br />The sequence of water inflow into the Bear No. 3 Mine provides virtually indisputable <br />evidence that nearly all of the inflows originate frortl MCC's 1 NW - 5NW Longwall <br />panels that are now referred to as the NW Sealed Sump. Small flow was initially <br />discovered in mid 1994 when Bear believes MCC was initially developing the bleeder <br />entries and set-up rooms for longwall panel 5NW. The flow increased in rnid 1995 after <br />MCC starting to routinely use the NW Sealed Sump. The flow increased further to <br />about 30 gpm in mid 1996 as the NW Sealed Sump continued to fill. <br />Bear cannot accept the financial responsibility for the impact of MCC's water Bumping <br />practices. Such financial impacts would include long term water monitoring and <br />treatment along with added potential for slide mitigation. Bear reiterates its position <br />that dewatering the NW Sealed Sump may be the only reliable mitigation alternative. <br />Sincerely, <br />=E"-~' <br />J. E. Stover, P.E. <br />Consulting Engineer <br />cc: Bear Coal Company <br />