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,~ III IIIIIIIIIIIIIIII PEABODY ,WESTERN, Peabody Western Coal Company October 27, 1993 R~~E!\/c r; Mr. Michael B. Long, Director ~~~ ~2 993 Division of Minerals and Geology 1313 Sherman Street, Room 215 divlsioncf ~+;~~,~ . Denver, CO 80203 - _, RE: Cessation Order No. C-93-141, Seneca ii-W Mine Dear Mr. Long: The above-referenced Cessation Order was issued on October 16, 1993 as a result of the Division's partial inspection of damage caused by blasting to the Dry Creek No. 3-22 tank battery located within the Seneca II-W Mine permit boundary. Peabody Western has thoroughly reviewed the compliance comments and findings pertaining to the inspection, and has thoroughly investigated the circumstances. surrounding the overburden shot that resulted in.the damage and subsequent oil spill. On the basis of•the facts presented.herein, Peabody Western does not believe that issuance of a Cessation..Order by the Division was warranted in this. case. We further. believe that certain allegations and abatement procedures pertaining to ground vibration in the Cessation Order have absolutely no bearing on the facts in this matter. We therefore request the Cessation Order be immediately vacated. The Cessation Order was issued on the basis of the finding that overburden blasting operations caused or could reasonably be expected to cause significant imminent environmental harm to land, air, or water resources. According to the Order, the significant ir~minPnt en•rironmertal harm occurred to topsoil resources when fly rock and mud were cast into an area not intended for disturbance during the current permit term, and to the hydrologic balance as a result of the oil spilled from the ruptured tank. Peabody Western does not believe significant imminent harm occurred or can reasonably be expected to occur to the subject topsoil.-resource for the following reasons. The cast debris is not acid- or toxic-forming. The only unsuitable characteristic of the Lennox overburden (the material cast) is clay content greater than 50 percent. Since the debris is chemically suitable, chemical contamination did not occur. Tab 19 of the approved permit describes brush and "other material" clearing procedures prior to soil removal that would be applicable in subsequent permit terms. Tab 21 of Peabody Wsstarn Coal Company • 1500 South Tole Street • Flagstaff, Arizona 86001 • Telsphona (602) 774-3235 • Fax (602) 773-43%