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_- III'll'~~I~I"II'll Richard T. Casson Attorney at Law Telephone P.O. Box 4608 (303) 879-1572 401 Lincoln Avenue Steamboat Springs, Colorado 80477 October 13, 1994 5«~.~ Facsimile (303) 879-8162 RECEIVED NOV 15 1994 John A. Eilts 565 Sand Rock Drive Craig, CO 81625 RE: Sun Coal Company, Inc. ("Sun Coal") Dear Mr. Eilts: Division of Minerals 8 Geology It has been reported to Bryan Archer and me that on October 5, 1994 you drove your bulldozer tractor through the Meadows No. 2 original mine site reclamation area from the northwest corner to the southeast corner of that fenced area. In so doing, you did substantial damage to this required reclaimed area in violation of paragraph 16 of the November 1, 1983 Stipulation of Judgment and Decree, Settlement Agreement and Mutual Release ("the Decree"). You do not have any tight or reason to be in the fenced reclaim area in which Sun Coal has been attempting to grow the vegetation required by the Colorado Division of Minerals and Geology ("the Division") as part of Sun Coal's approved reclamation plan. The Division still holds a substantial bond belonging to Sun Coal, which is conditioned upon the completion of the adequate growth of the vegetation within that fenced reclaim area. Damage to that area will cause a delay of the release of Sun Coal's bond, thereby increasing the expense to Sun Coal. Your illegal activities may also result in the issuance of a citation to Sun Coal by the Division for the damage to the vegetation caused by you in violation of Sun Coal's approved reclamation plan. Do not enter this reclaimed area again. Your activities on October 5, 1994 are in violation of the Decree and will subject you to the full scope of the District Court's contempt powers. Your business associate, George Kostiuk, should also be aware that, pursuant to the District Court's Order of January 26, 1988, the Decree applies to all "individuals acting in concert" with you. Sitlce Mr. Kostiuk has a longstanding business relationship with you and may have participated in your illegal activities on October 5, he may also be subject to the contempt powers of the District Court and subject to fine, imprisonment and payment of all costs, fines, penalties, damages and attorney's fees incurred by Sun Coal as a result of these illegal activities.