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Regarding the above permit and violation, the Bobo Company engaged the services of a independent mining engineer to inspect the Frusta Mine site and assure compliance with State regulations. Copies of the engineer's work summary and portions of hts daily log are attached. You will note that the daily log for the period June 22-24, 1987, specifically refers to placing new signs at the property. Throughout 1986 and 1987, American Shield assumed that the management it had contracted was carrying out its duties as stated. Mitioatin^ Circumstances The B. L. Bobo Company management agreement was terminated at the end of January 1988. In the confusion resulting from management change, the office of the B. L. Bobo Company, for which RSCC had been paying a portion of the lease, was closed. Rt a meeting of the Board of Directors of American Shield Coal held February 9, 1988, new management was appointed and !t was agreed that Company files would be transferred to a new office immediately. However, we were unable to complete the office move until March 22nd. During much of the interim period we were unable to enter the office, and no one from the Boho Company was there to accept mail. On February 9, 1988, you visited the Frusta Mine on CMLRD's routine inspection. At that time you issued the citation for failure to have current information on the mine I. D. sign. The notice of violation was sent to the office of the B. L. Bobo Company. Because we did not have access to the office we did not know about the notice. It apparently came to the office certified but as the office was closed the notice could not be delivered and was finally returned to CMLRD. The new office of American Shield Coal Company was opened March 1, 1988 and the old office of B. L. Bobo Company was closed April 1, 1986. Good Faith Effort to Comply with Abatement Recuirement We learned of the citation for the mine identification sign on March 15th and immedlately called you to explain the circumstances and ask. for a copy of the notice to be sent to our new address (effective March I, 1988). I followed up our phone conversation with a letter regarding our new office address dated March 16, 1988. Mr. Savage issued an extension of time for abatement, from March 17th to April ISth. The extension document recognizes that RSCC's failure to abate the conditions of the citation was not due to lack of diligence on the part of the operator. On April 1, 1986, I personally changed the existing sign at the mine site to have the correct information, posted six additional "no trespassing" signs, and put a new lock and chain on the main gate. By April I5th, an entirely new sign was posted at the property.