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a <br />ti <br />Mr. Larry Routten <br />Mr. Wally Ericson <br />Page .2 <br />May 9, 1995 <br />the DMG/OSM/Kerr Settlement Agreement (TR-13) for the purpose of <br />releasing the excess of Kerr's current $5.5 million reclamation <br />bond. <br />We request and consent to continuing to defer the DMG's <br />decision on our Phase I bond release application as to the Pit 1 <br />area. We will ask that the DMG proceed to a decision on that part <br />of the application after TR-13 is approved and the work required by <br />the Settlement Agreement is completed. <br />We will call ycu shortly to discuss hcw the DMG's decision on <br />partial Phase I bond release except for Pit 1 can be expedited. <br />Thank you for your consideration. <br />Sincerely yours, <br />KERB COAL COMPANY <br />@~~ <br />ames T. Cooper <br />ice President <br />JTC/cm <br />cc: Mr. Randall Price <br />Division of Minerals and Geology <br />Mr. George C. Patterson <br />Kerr Coal Company <br />Mr. Jerry M. Nettleton <br />Terramatrix, Inc. <br />Richard L. Fanyo, Esq. <br />Dufford & Bro-wr., P.C. <br />