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2 Rehabilition of old works -gob removal and roof bolting, mining of a gob room, and changes in the ventilation occurred from January 14, 1991, to the end of March 1991. It took from April to July 1991 to drive the first of two planned entries approximately 75 feet to an anticipated fault. Mining was slowed by unusually frequent minor roof falls and the necessary cleanup and rebolting. Development of a crosscut and the second entry began in August, was also delayed by an unusually large number of roof falls, and required 3~/z months to drive 80 feet. In mid-November 1991, a second crosscut was turned 20-feet outby the face of the second entry to connect with the return air course. A minor fall occurred at the turn but by mid-December the crosscut had been advanced 60 feet. A large fall then occurred at the corner where the November fall occurred, burying the loader. The second roof fall revealed that the 3- to 4-feet of shale top was overlain by an estimated 12-foot thick stream channel. After repairing the loader and cleaning up the fali, a third entryy was driven approximately 65 feet inby the first crosscut in an attempt to mine around the gravel top. The February 10, 1992, MSHA Order of Imminent Danger effectively cut off access to the area to be mined. Poor roof conditions are to be expected when mining near a fault. However, it is now apparent that, beginning in August 1991, the unusually large number of minor roof falls encountered in driving the crosscut and the second entry and the large fall in mid-December, were abnormal mining conditions caused by the gravel stream channel. The unanticipated stream channel, not the known fault, had the greatest influence on the mining conditions. The unanticipated stream channel and the associated frequent roof falls therefore created a force majeure situation (a "casualty") interrupting operations which began while the second entry was being developed from August to mid-November 1991 and culminated in the MSHA Order of Imminent Danger (closure order) on February 10, 1992. The effect of the stream channel on mining operations is confirmed by the less than half of normal production during 1991. We agree that production has been interrupted by "strikes, the elements, or casualties not attributable to the lessee:' The requested force majeure suspension is hereby granted for a period of two years, effective August 1, 1991, subject to annual recertification as required by Stipulation 3 of this decision. The following lease terms and conditions are suspended during the effective term of the suspension: 1. Continued operation and payment of advance royalty in lieu of continued operation; and 2. MLA section 2(a)(2)(A) commercial quantities requirements. The following terms and conditions are NOT suspended: 1. Rental;