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William A. Holgate, Dist. Mgr. , November 4, 1992 <br /> MSHA, Denver, CO 80225-0367 Page 5 <br /> However, in order to do so, you must recognize the <br /> constraints we are operating under. We dn- ncL have the perso An. <br /> or equipment to mount a large-scale effort to accomplish the <br /> sealing of up to 40 openings this fall. In fact the snow of the <br /> last few days may prohibit further sealing activities until next <br /> spring. We certainly don't think you propose putting workers in <br /> harm's way by requiring unnecessary road work and outside sealing <br /> activities in the harsh and dangerous environment of a Coal Basin <br /> winter. We obviously cannot afford the employment of outside <br /> contractors to perform this work. Finally, it is difficult to <br /> reach a consensus and proceed with a cooperate venture such as this <br /> under the cloud of unwarranted threats and intimidation such as <br /> contained in your letter of October 21, 1992, to our bankruptcy <br /> attorney, James B. Holden, Esq. , Denver, Colorado. <br /> Despite the fact that the original enforcement actions which <br /> you cite are in litigation during which period Mid-Continent is <br /> under no legal imperative to proceed with activities demanded <br /> therein until the administrative litigation is concluded and in no <br /> way "continued their defiance to comply with the order . . . " Mid- <br /> Continent began sealing of the Coal Basin Mine before conclusion of <br /> this litigation but could proceed no further due to its bankruptcy. <br /> Mid-Continent has proceeded in good faith but is forced to operate <br /> under the constraints of its bankrupt status, its failure to sell <br /> the property, and efforts to salvage, and reclaim the site under <br /> the supervision of the Bankruptcy Court. <br /> Sincerely yours, <br /> MID-CONTINENT RESOURCES, INC. <br /> By <br /> John A. Reeves, President <br /> Encl. <br />