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DRAFT FOR GOVERNOR'S SIGNATURE <br /> November 22, 1988 <br /> Mr. David C. O'Neal <br /> Assistant Secretary <br /> Mine Safety and Health Administration <br /> 4015 Wilson Boulevard, Room 622 <br /> Arlington, Virginia 22203-1984 <br /> Dear Mr. O'Neal : <br /> I have recently become aware of the controversy between the Mine Safety <br /> and Health Administration (MSHA) and Mid-Continent Resources about safety <br /> conditions at the Dutch Creek Mine near Redstone. As Governor, I am <br /> concerned about the safety of the workers in the mine as well as the <br /> economic viability of the operation. <br /> With the arrival of John DeMichiei as District Manager of MSHA, the MSHA <br /> inspection and enforcement program has been stepped up and intensified. <br /> Under the more rigorous inspection program, many mines in Colorado have <br /> come under intense scrutiny and various safety violations have been cited <br /> and remedied as a condition of continued mining. <br /> The new vigor in the MSHA program is significant because S.B. 128 (1988) <br /> removed the Colorado Division of Mines from inspection and enforcement <br /> programs while retaining health and safety responsibilities. However, we <br /> hope that the prior history of State-MSHA consultation on mine safety <br /> issues will continue as before. <br /> I am aware of the high methane gas content, inherently difficult geology, <br /> and historic safety violations and accidents at the mine. I believe that <br /> where safety violations exist, they must be remedied, and I do not <br /> believe that safety standards should be reduced or compromised. I am <br /> concerned, however, that the intensive MSHA effort to cite current <br /> problems in a non-prioritized fashion may prevent Mid-Continent mine <br /> officials from developing and implementing both short and long-term plans <br /> to upgrade the safety of the mine. Constant inspections, citations and <br /> closure orders, coupled with mandatory re-working of solutions already <br /> implemented, has essentially brought the mine to a standstill . <br />