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Michael Long <br />October 27, 1993 <br />Page 4 <br />of the Act, and describe limits of fly rock travel at Rule <br />4.08.4(5) and (8). Fly rock from the overburden shot did not <br />travel beyond the limits set forth in the regulations. <br />Peabody Western entered into a written agreement with the owner <br />of the oil well which sets forth the rights and obligations of <br />each party with regard to damage that might occur as a result of <br />mining activities. <br />The issue in this enforcement action is fly rock. Peabody <br />Western believes that the fly rock was due to the presence of an <br />undetected mud slip or void within the solid strata which was <br />being cast. The anomalous overburden component was not <br />sufficiently competent to contain the energy needed to fragment <br />the solid strata typically encountered in the area. Solid, <br />competent strata were present in the face of this particular <br />shot. The presence of the mud slip or void could not have been <br />detected when inspecting the face, nor was it identified during <br />blast hole drilling or when core drill holes were analyzed. <br />Peabody Western has incorporated a plan to address the real <br />issue in response to Abatement Step 2. The plan is designed to <br />prevent a reoccurrence of this event, and is consistent with the <br />Colorado Act and Regulations. <br />As the previous discussion shows, issuance of Cessation Order <br />No. C-93-141 was unwarranted. Peabody Western requests the <br />Division re-evaluate its actions regarding this matter in view <br />of the facts presented above, and promptly vacate the Cessation <br />Order. <br />Sincerely, <br />Brian P. Dunfe~ <br />Senior Manager <br />Environmental Affairs <br />bd <br />