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DEC 03 '97 05~36PM ARCO COAL CO DENVER <br />AR~iO % 555 Seventeenth Street <br />Gower. Coloratlo 80202 <br />Teiephens 303 293 4248 <br />Fa" 303 293 4098 <br />R. Kirk Mueller <br />Senior Atltlmey <br />December 3, 1997 <br />VIA FACSIMILE 832-8106 <br />David A. Berry <br />Senior Environmental Protection Specialist <br />State of Colorado <br />Division of Minerals and Geology <br />1373 Sherman Street, Suite 215 <br />Denver, CO t30203 <br />RE: Bear Landslide Investigation relating to NOV CV-97-022, West Elk <br />Mine, Permit No. C-80-007 <br />Dear Dave: <br />P. 2/L <br />I write to confirm our conversation of a few minutes ago in which I requested, on <br />behalf of Mountain Coal Company, that the Colorado Division of Minerals and <br />Geology ("CDMG°) direG the owners and operators of the Bear Mine to cease <br />` and desist any and all activities on the site of the old Bear Mine which activities <br />may in any way compromise the efforts by CDMG and Mountain Coal to <br />investigate the above-referenced notice of violation. As we discussed, <br />Mountain Coal Company is particularly concerned that various activities on the <br />site, including the excavation of materials at the base of the slide, may impede <br />our efforts to investigate causes of the slide and the mine water outflows. Our <br />request is in keeping with the spirit of the earlier request, which I understand you <br />are preparing to memorialize in writing, that both Mountain Coal Company and <br />Bear Mine coordinate in the monitoring and sampling of the mine water outflow. <br />t very much appreciate your assistance in this matter. Should you have any <br />questions or concerns, please do not hesitate to contact me. <br />Very truly your , <br />~ ~ ~ <br />tS. . <br />R. Kirk Mueller <br />` RKM:kmn <br />Pf.~J_ Fi_M.i. Cempyry <br />