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William A. Holgate, Dist. Mgr. , November 4, 1992 <br /> MSHA, Denver, CO 80225-0367 Page 4 <br /> to locate this opening and assume that it has <br /> caved or sloughed shut, if in fact it existed in <br /> the first place. Since we have been unable to <br /> find it, it will not be listed for sealing. <br /> 6. We have no knowledge of any portal, "on the <br /> north side of the creek located north of the <br /> Coal Basin No. 5 Mine portals . . . " A prospect <br /> road was constructed immediately north of the <br /> north fork of Coal Creek years ago. No openings <br /> were made in this area. No wooden strictures <br /> exist, except for the remains of several miner's <br /> cabins and two semi-intact outhouses well below <br /> the coal beds on the north side of the creek. <br /> 7. We believe the option of using explosives to <br /> seal abandoned portals without providing induced <br /> mechanical ventilation is a proper mining <br /> practice. The provisions of sections 9.0 <br /> through 9.5 of the revised sealing plan are <br /> sufficient to provide for the safety of <br /> personnel performing the sealing work. The use <br /> of explosives is not contemplated more than 25 <br /> feet inby the portal being sealed. This is an <br /> accepted practice in the abandoned mine program <br /> conducted by the Colorado Mined Land Reclamation <br /> Division. Numerous mine portals have been <br /> successfully sealed with explosives under this <br /> program without incident or mishap. <br /> 8. Regardless of sealing method, equipment access <br /> to several portals (No. 's 8, 9, 10, 11, 12, 14, <br /> 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31 and <br /> 32) may require approval by the Colorado Mined <br /> Land Reclamation Division (enforcing the Surface <br /> Mining Control and Reclamation Act of 1977 in <br /> Colorado) . Such approval, if required, will <br /> certainly affect any schedule proposed herein or <br /> subsequently demanded by MSHA. <br /> Mid-Continent has every intention of performing its duties <br /> under 30 C.F.R. § 75.1711, subject to approval from the Bankruptcy <br /> Court, weather and seasonal conditions, potential requirements of <br /> the Colorado Mined Land Reclamation Division, and your approval of <br /> our revised sealing plan. We look forward to working with you to <br /> accomplish this goal. <br />