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iii iiiiiiiiiiiu iii <br />999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources ~ %~-~ <br />1313 Sherman St.. Room 215 _ i~ ~'~ <br />Denver. CO 80203 ~ ~~ <br />^. <br />303 866-3567 ~ <br />' <br />Fnx 303 832-6106 re-+c <br />Ro; Rome <br />Gomm <br />Fred R Kama <br />Unvon Ureaor <br />DATE: Mdy 17 , 1990 <br />T0: Susan J. Mowry 8 Ca/rl <br />FROM: Jim Pendleton C <br />RE: Seneca II Prebl~ <br />. Mou rt <br />Survey Supplemental Submittal <br />I have examined the brief letter and attached Agreement submitted by Peabody <br />Coal, which you forwarded to my attention. The agreement between the <br />Gosserts, owner of the hone in question, and Peabody Coal, provides for the <br />installation of a number of protection facilities. The company will install a <br />fence, two earthen berms (B' x 300' and 15' x 500'), and a net and cable <br />outcrop anchor system on the hillslope above the Gossert's house. The purpose <br />of these facilities is to protect the Gossert's house from slope debris which <br />might be dislodged by blasting activity at the Seneca II-W mine. Peabody Coal <br />also proposes to conduct quarterly inspections of the affected area to assure <br />stability. In return, the Gossert's agree that Peabody has satisfied the <br />concerns expressed in their letter requesting the preblast survey and grant <br />the operator permission to enter their property to conduct the work. <br />In my opinion, this agreement should be viewed by the Division as an addendum <br />to the original preblast survey w bmitted by Peabody Coal for the Gossert <br />residence. As such, it does satisfy my earlier adequacy concerns related to <br />the original preblast survey. I recommend that the Division inform Peabody <br />that the preblast survey is considered acceptable, with the following <br />condition. Paragraph ii4 of the Agreement states that "Peabody agrees to <br />complete The Plan within a reasonable time." The Division desires that the <br />work be completed as soon as possible, preferably before blasting is <br />initiated. However, the Division will have to rely upon the parties to the <br />Agreement, namely the Gosserts, to determine when "a reasonable time" has been <br />exceeded. I suggest that you copy your approval letter to the Gosserts and <br />that it specifically include this condition. <br />Doc. No: 7228E <br />