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III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />FA x: 303 632-6106 <br />DATE: January 22, 1990 <br />T0: Carl Mount <br />FROM: J im Pendleton ~ ~""-`~~ <br />OF' CO(Q <br />R4'> 'P <br />v~iP~' <br />~~ i4?~~y <br />~ re l6 ~ <br />Roy Romer, <br />Governor <br />Fretl R Barna, <br />Division Director <br />RE: Seneca II- reblas urveys - Supplemental Submittal <br />In response to your request, I have completed a review of the supplemental <br />material submitted by Peabody Coal. The submittal describes the condition of <br />the water supply facilities at the Olson, Gossert and Smith properties. I <br />will rely upon Cathy Begej to render opinions as to the hydrologic adequacy of <br />these submittals. <br />I did not discern any information in this submittal pertaining to utility <br />lines, such as natural gas, propane or electric supply lines. My specific <br />concern, expressed in my Memo to you of October 25, 1989, relates to the <br />potential vulnerability of these supply lines. Damage to utility supply lines <br />by blasting activity could lead to explosion or fire. I was anticipating that <br />Peabody would amend their earlier thorough structural survey reports to <br />include a brief discussion of the condition and vulnerability of supply lines <br />at each property. <br />The final sentence of the opening paragraph of Mr. Fest's cover letter <br />states: "Since the regulations do not pertain to outcrop features, survey of <br />rock outcrops will not be performed." I am not personally familiar with the <br />Gossert property. As I understand your concern, you believe there are rock <br />outcrops situated in such a manner that blasting might dislodge rock debris <br />which could represent a hazard to the occupants of the Gossert property. <br />Rule 4.08.2(2) states: <br />"The survey shall determine the condition of the dwelling or structure <br />and document any preblasting damage and other physical fac tors that could <br />reasonably be affected by the blasting..." <br />It is my opinion that the existence of a potentially threatening rock outcrop <br />or slope debris situation constitutes a "physical factor that could reasonably <br />be affected by the blasting". Therefore, I believe that the Division has the <br />responsibility and the authority to require the applicant to address the <br />situation within the Gossert property preblasting survey report. I recommend <br />that you discuss this concern with Mike Long and Frank Johnson, our Attorney <br />General's representative. <br />cc: Susan Mowry <br />Mike Long <br />