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i <br /> William A. Holgate, Dist. Mgr. , November 4, 1992 <br /> MSHA, Denver, CO 80225-0367 Page 3 <br /> comprehensive plan, and which you rejected by <br /> 1- = 1-st-ter of October 19, 1992, we feel that <br /> the issuance of Citations No: - 3852089 -and No. <br /> 3852090 are improper. We do not believe that <br /> you have proper justification for a request for <br /> special assessment, and we believe invocation of <br /> Section 110(b) of the Act is completely <br /> unwarranted. <br /> 2. We are attempting to fence all readily <br /> accessible mine portals before winter sets in. <br /> However, there is presently in excess of 36 <br /> inches of snow at the mine portals following the <br /> snow storm last weekend. Sealing work will <br /> commence as soon as the enclosed, revised seal <br /> plan is approved, subject to approval by the <br /> Bankruptcy Court, the weather permitting and, <br /> potentially, approval of the Colorado Mined Land <br /> Reclamation Division. <br /> In the meantime, all portal access roads have <br /> been signed. All portals are behind a locked <br /> gate, and are not easily accessible to the <br /> public especially after snow closes the access <br /> roads. <br /> 3. In numbered sections 4 and 6 of your plan <br /> rejection letter of October 19, 1992, you refer <br /> to mechanical ventilation. I must reiterate <br /> that electrical and other equipment has been <br /> removed from the mines and ventilation by <br /> existing fans is impossible. Additionally, <br /> Public Service Company of Colorado has cut-off <br /> all electrical service to the mine site. <br /> 4. Since preparing Mid-Continent's original plan, I <br /> have determined that the 2nd South portals in <br /> the former Dutch Creek No. 1 Mine (#23 and #24) <br /> were sealed years ago with solid concrete block. <br /> In addition, several other portals are reported <br /> caved shut. These openings will be inspected as <br /> soon as weather permits. If they in fact are <br /> adequately sealed no further action will be <br /> taken. <br /> 5. We have looked for the portal shown on the old <br /> (CF&I) Coal Basin Mine map. We have been unable <br />