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~ :~:w s~0' 3ndd 1y101 ~**~ <br />4 <br />unexpected. The permit application submitted by Dorchester Coal Company, after the <br />fire occurred, indicated that the spontaneous combustion problem was controllable and <br />would not restrict lease development. <br />Except for exploration drilling, no operations have ever occurred on the federal leases. <br />The fire did not interrupt the operations on adjacent fee lands, as it occurred 4 years <br />after those operations ceased. The fire was neither unexpected nor uncontrollable. <br />Accordingly, a force atajeure suspension for lease C-0127833 is denied. Because we <br />previously concluded that the sealed portal is not the only location by which the leases <br />could be developed, force majeure suspensions for leases C-0127832 and C-0127834 are <br />also denied. <br />You have the right to appeal this decision to the Interior Board of Land Appeals, Office <br />of the Secretary, in accordance with the regulations contained at 43 CFTC Part 4, and the <br />enclosed Form 1842-1. If an appeal is taken, your Notice of Appeal must be filed in this <br />office so the case file can be transmitted to the 1BLA. A copy of your Notice of Appeal <br />and of any statement of reasons, written azguments, or briefs must also be served on the <br />Office of the Solicitor as shown on Form 1842-1. It is also requested that you send a <br />copy of any statement of reasons, written azguments, or briefs to the office issuing the <br />decision appealed. In taking as appeal there must be strict compliance with the <br />regulations. <br />h/F 8thwrowlez <br />H. Robert Moore <br />State Director <br />Enclosure <br />Appeal Sheet (Form 1842-1) <br />cc: Minerals Management Service, <br />Reference Data Branch-Sec. 1 <br />P.O. Box 5670 MS 652 <br />Denver, CO 80225 <br />R. Fanyo, Welborn Dufford Brown & Tooley <br />(as representative of the Tresner $state interests) <br />bcc: DM, Grand Junction/921B/M. McColm:nc:8/16/90:hoylsusp.dnl <br />