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i United States Department of the Interior BUREAU OF LAND ~tANAGE~IENT COLORADO STATE OFFICE ?850 YOUNGFIELD STREET L4KEWOOD, COLORADO 80215-7076 iiiiiiiiiiiniiiiii TAl~~ ~ CO-9?3 3483 C-069942 JUN 9 1992 mortified Mail -Return Receipt Requested DECISION ---:,y,~•!1:-~ Robert and Elizabeth Weaver I P.O. Box 539 .IN 11 1892 Gunnison, Colorado 81230 •~•"~L7~C - _n ~~~r Force Majeure Suspension Granted On Mazch 6, 1992, Robert Weaver applied for a force majeure suspension of coal lease C-069942, in accordance with section 7(b) of the Mineral Leasing Act of 1920, as amended (MLA), and the implementing regulations at 43 CFR 3483.3. Suspensions in accordance with section 7(b) of the MLA as a result of strikes, the elements, or casualties not attributable to the lessee are referred to as force majeure suspensions. Force majeure is defined as an unexpected or uncontrollable event that may excuse a party from contractual obligations. On February 10, 1992, the Mine Safety and Health Administration (MSHA) issued an Order of Imminent Danger (closure order) for the azea immediately outby the last open crosscut inby to the face due to poor roof conditions. The roof had caved to a height of 15 feet, exposing a sand and gravel stream channel deposit that could not be supported with roof bolts. Mr. Weaver argues that the order, combined with the cost of either supporting the roof in the present mining azea or moving to a different area of the mine, constitutes a casualty which led tc the forced closure of the mine on February 10, 1992. Mr. Weaver requests a suspension in order to develop a plan and acquire financing to resume mining. The Ohio Creek Mine is a small underground room and pillar mine operated by Mr. Weaver and three to four employees using conventional equipment, and normally produces 4,000 to 5,000 tons per year. Coal is sold locally and to the mushroom farm in Alamosa, Colorado. Because of poor geologic conditions, operations were moved from the northeast to the southwest area of the mine in December 1990. A 6-inch bony band had gradually increased to a 3- to 5-foot thick sandstone split and the coal height had decreased from 5.5 to 4 feet. The remaining 4 feet of coal could not be mined without either also mining the split or purchasing low-profile equipment. Mr. Weaver had no space to dispose of the increased amount of gob and could not afford low-profile equipment.