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6. 10 Postponing portal sealing will not advance t.ae <br /> health and safety of the personnel performing this task. Since the <br /> mines are idled, postponing the task will have no adverse effect on <br /> mine or site custodial personnel. <br /> 6. 11 Postponing portal sealing will not adversely <br /> affected the health and safety of the general public inasmuch as <br /> the portals are presently inaccessible. Snowstorms since November <br /> 1, 1:992" have dumped in excess of four feet of snow at the 10, 000 <br /> feet msl elevation, and all roads to the portals areas are <br /> impassable. All portal access roads have been posted with signs <br /> warning of the dangers of entering inactive mines, and all portals <br /> are several miles beyond a locked gate that controls vehicle access <br /> to the Coal Basin area. <br /> 6. 12 The RTP roadway adit has been screened. The RTP <br /> beltline adit will be similarly barricaded as soon as the No. 1- <br /> drive assembly is removed. As portals become accessible in the <br /> Spring of 1993 -they will be barricaded and signed to prevent access <br /> until they can be sealed. <br /> 7. Conseguence of Relief Sought. The relief sought will <br /> provide as much greater safety as the regulation sought to be <br /> modified by eliminating the exposure of personnel to abnormal, <br /> winter climatic conditions. <br /> 8. Representative of Miners. There is no legitimate <br /> representative of miners at Mid-Continent. At the most recent <br /> representation election at Mid-Continent, NLRB Case No. 27-RC- <br /> 6670, conducted December 11 and 12, 1986, Mid-Continent hourly <br /> employees rejected union representation by a vote of 97 to 45. A <br /> copy of the National Labor Relations Board Regional Director's <br /> Certificate of Results of Election, dated December 22, 1986, is <br /> attached as Exhibit-C to this petition and incorporated herein by <br /> this reference. <br /> 9. Hearing Venue. If a hearing on this petition is <br /> necessary, Mid-Continent requests that the hearing be set in <br /> Glenwood Springs, Colorado. <br /> DATED this 13th day of November, 1992. <br /> Respectfully submitted, <br /> DELANEY & BALCOMB, P.C. <br /> Attorneys at Law <br /> By <br /> Edward Mulhall, Jr. <br /> Attorneys for Operator, <br /> Mines Sealing S 75.1711 D R A F T <br /> MSHA Modification - 6 - 13-Nov-92 <br />