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P~ d~ PE4BODY COAL COMP4NY Ws~t~m Dlridon LT ~Ir~E_~ L.nlVl ,~c~ !Ak.: l71 March 13, 1990 Mr. Carl Mount Colorado Mined Land 1313 Sherman Street, Denver, CO 80203 Dear Mr. Mount: Reclamation Division Rm. 215 III IIIIIIIIIIIII III 1300 South Vele Poagsta8. Anzona 86007 (602) 77x5253 Peabody has reviewed the Colorado Surface Coal Mining Reclamation Act and CMLRD preblast survey regulations (4.08.2) concerning your request that Peabody survey the natural rock outcrops above the Gossert residence (refer to 1/30/90 correspondence). It is our belief that CMLRD is interpreting the regulation incorrectly and is trying to apply the interpretation to an unregulated situation beyond the scope of the Act and the regulations. The Colorado Surface Coal Mining and Reclamation Act clearly defines the type of structures to be surveyed and the limits of the survey. Specifically, man-made dwellings and structures within one-half mile of the permit area are to be surveyed. The regulations refer to the terms dwellings and structures. for the regulations to be consistent with the Act, these terms apply to man-made dwellings and structures. The regulations also include pipes, cables, transmission lines, wells, and other water systems which are man-made structures. The purpose of the preblast survey (4.08.2(2)) is to determine the condition of dwellings and structures within one-half mile of the permit boundary. The conditions are to be documented and include any preblast damage and other physical factors that could be reasonably affected. Here again, man-made dwellings and structures must be assumed to be consistent with the Act. The phrase, "other physical factors that could be reasonably affected" must therefore refer to circumstances or conditions of, or within the man-made dwelling or structure that are not damaged but may potentially become damaged or be affected by blasting due to structural (non-natural) conditions such as a chandelier or the age of the structures or dwelling. In conclusion, Peabody should not be required to survey natural rock outcrops as a part of a preblast survey. The