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Mr. Fred Fest - 2 - April 4, 1990 <br />3. We also believe that our act specifically grants us authority to extend <br />our concern to areas other than the immediate structure being surveyed. <br />Section 34-33-120(2)(o)(V), C.R.S. 1973 of the Colorado Surface Coal <br />Mining Reclamation Act states: <br />"(V) Provide that, upon the reguest of a resident or owner <br />of a man-made dwelling or structure within one-half mile <br />of any portion of the permitted area, the applicant or <br />permittee shall conduct a pre-blasting survey of such <br />structures and submit the survey to the division and a <br />copy to the resident or owner making the reguest. The <br />area of the survey shall be decided by the Division and <br />s a inc u e suc provisions as a oar s a <br />promulgate." (emphasis added) <br />Based upon Section 34-33-120(2)(o)(V), C.R.S. 1973, the Division asserts that <br />it has the authority to define the area of the Gossert residence pre-blasting <br />survey to include the area containing the slope, rock outcrop and rock debris <br />referenced by Mr. Gossert in his reguest for pre-blast survey. Further, based <br />upon Rule 4.08.2(2), the Division has the authority to require that the <br />pre-blast survey address Mr. Gossert's concern regarding potential damage to <br />his structure due to the mobilization of slope debris. <br />We therefore believe that Peabody has failed to adequately complete the <br />required pre-blasting survey of the Gossert structure. This survey must be <br />conducted prior to the commencement of blasting in order for it to constitute <br />a "pre-blasting" survey. <br />If you have any questions or wish to discuss this matter, please contact me or <br />Dr. James Pendleton. <br />Sincerely, <br />~^ <br />Carl B. Mount <br />Reclamation Specialist <br />cc: Mr. James Lunan <br />CBM/eas <br />5803E <br />