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--- ~ ~ iii iiiiiiiiiiiuiii <br />999 <br />Telephone <br />(303) 879-1572 <br />Richard T. Casson <br />Attorney at Law <br />P.O. Box 4608 <br />401 Lincoln Avenue <br />Steamboat Springs, Colorado 80477 <br />August 4, 1994 <br />John A. Eilts <br />565 Sand Rock Drive <br />Craig, CO 81625 <br />Mystic Star Route <br />Steamboat Springs, CO 80487 <br />RE: Sun Coal Company, Inc. <br />Deaz Mr. Eilts: <br />Facsimile <br />(303) 879-8162 <br />It has been brought to my attention by Bryan Archer, manager of Sun Coal, that on <br />August 3, 1994, you interfered with and prevented the performance of certain required <br />reclamation work by Randy Booco, a contractor to Sun Coal. You must understand that your <br />actions constitute a violation of paragraph 4 of the November 1, 1993 Stipulation of Judgment <br />and Decree, Settlement Agreement and Mutual Release ("the Decree") and pazagraph 4 of the <br />July 14, 1988 Settlement Agreement and Release. Those provisions guazantee to Sun Coal that <br />it shall have "full and open access into, over and through the Leased Premises following any such <br />temrination [of the Lease] for the purposes of perfomilng all required inspection and maintenance <br />on the reclamation work." Further, your actions are in violation of paragraph 16(b) of the Decree <br />which prohibits you from interfering in any way with Sun Coal's performance of reclamation <br />work on the property. Your violation of the Decree will subject you to the contempt powers of <br />Lhe Dist*ICt Court. <br />On August 1, 1994, Susan Burgmaier, an Inspector for the Colorado Division of Minerals <br />and Geology ("Division"), performed a complete inspection of the Meadows No. 1 Mine and <br />ordered that, as part of Sun Coal's required reclamation plan, the coal fines in the tipple azea be <br />removed. As you are aware, Sun Coal still has posted with the Division a lazge reclamation <br />bond. Your unlawful actions in preventing Mr. Booco from removing the coal fines have <br />interfered with the performance of activities ordered by the Division, which must be <br />accomplished prior to Sun Coal's application for release of the bond. <br />