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FEB.26.2008 2:06PM MSNA COAL DIST 9 000 NO.0531 P. 3 <br />Recently the potential use of a flaring system was discussed. In review of the <br />documents xegarding the conceptual design of such a system we have <br />determined that too many unknowns about this system exist at the present time <br />to approve such a system and have advised the operator as such. This office <br />must do its up-niost to ensure the safety of persons worldng underground and <br />any flaring system envisioned that is more or less directly connected to the active <br />gob where miners work must have been fully evaluated by MSNA and <br />determined to be of a safe design. Any such system design should be tested in a <br />coal mine methane flaring situation in which no shiners are exposed, such as a <br />sealed and abandoned mine, for sufficient time to test the viability and durability <br />of the system and ensure it has zero potential to cause the ignition of gas <br />underground before this office would consider incorporating it into an active <br />mine ventilation system. There are too many questions remaining unanswered, <br />no evaluations and no actual testing in a no-risk mine type situation that <br />demonstrates the system's safety for this office to approve the incorporation of <br />such a system into the ventilation plan at the West Elk Mine at the present time. <br />If you have any further questions, please contact me at 303 231-5458. <br />Rega?ds,? <br />/s/Mlyn C: DWs <br />Allyn Davis <br />District Manager <br />l3cc: W. Knepp <br />W. Reit:ze <br />D. Gibson <br />DM Files <br />DM Chron <br />A. Davis <br />T:\Coal\DM\flaxing at West Elk.doc