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William A. Holgate, Dist. 2Sgr. , November 4, 1992 <br /> MSHA, Denver, CO 80225-0367 Page 2 <br /> in the future, Mid-Continent did not consider <br /> the Bear Creek Mine abandoned. <br /> After the cessation of operations on January 25, <br /> 1991, Mid-Continent entered into discussions <br /> with several interested parties for the sale of <br /> mine property. One of these parties included <br /> the L. S. Wood Mine in its plans for renewed <br /> production. Two parties requested that all <br /> portals be kept open until they made decisions <br /> concerning their interest in the property. The <br /> last of these parties (Geneva Steel Company) <br /> terminated its acquisition process in July, <br /> 1992 . This resulted in the abandonment of the <br /> mines effective October 6, 1992, two days after <br /> power was disconnected and pumping and <br /> ventilation ceased. <br /> Considering the above and the facts that: <br /> a. all Bear Creek portals were sealed and the <br /> lower Coal Basin Mine portals were sealed in <br /> 1990, <br /> b. the Mine Manager requisitioned blocks to <br /> begin additional sealing in June, 1992, <br /> c. all portals are in remote areas, <br /> behind a locked gate, and are not readily <br /> accessible to the public, <br /> d. all portal areas have been signed to warn <br /> the public of the dangers of open mine portals <br /> (copy enclosed) , <br /> e. the initial citations (Citation No. <br /> 3410979 and No. 3410733) and their subsequent <br /> orders (104 (b) Order No. 3586533 and No. <br /> 3586534, respectively) are in litigation. An <br /> adverse decision of an administrative law judge <br /> was received November 3, 1992, but remains <br /> subject to review by the Federal Mine Safety and <br /> Health Review Commission, and <br /> f. in accordance with your demand for a <br /> sealing plan by your letter of September 29, <br /> 1992, to which we timely responded with a <br />