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File No's. 79-39 & 79-43 -2- January 26, 1981 <br />the text and were not shown on any map until November 1980 when a rectangular <br />object was depicted (but not identified) on a map submitted to indicate <br />the location of a new water treatment and storage facility (the map was <br />not incorporated into the permit). <br />_ Dorchester expressed serious concern for the safety of their personel and <br />facilities because of the repeated occurrence of flyrock crossing the shared <br />permit boundary as a result of blasting operations at GEC. Apparently, <br />flyrock has "escaped" GEC's permit boundary on several occasions since the <br />cited violations mentioned above. Dorchester asserted that GEC had demon- <br />strated air in sufficient knowledge of blasting technique and safety precaution <br />to be allowed to proceed with their blasting plans in the area within 500 <br />feet of the petroleum storage facilities without a greater degree of supervision. <br />The position asserted on behalf of Colorado MLRD was as follows: <br />1) Colorado law is very clear in prohibiting the use of blasting practices <br />resulting in flyrock leaving an approved mining permit area. MLRD considers <br />this to be a very serious safety hazard and has instructed both parties that <br />representatives of both companies should immediately notify MLRD of the next <br />incident of flyrock leaving GEC's; permit boundary in any direction. GEC <br />was warned that any such incidents in the future would result in the immediate <br />issuance of a notice of violation which would require the complete cessation <br />of blasting operations •as provided by CR5 34-33-123(1). <br />2) MLRD considers it to be very important that petroleum storage facilities <br />must be specifically described and indicated on maps when they are located in <br />or near mining areas because of the inevitable safety considerations that <br />arise in cpnjunction with the use of heavy equipment, explosives, etc... which <br />are common elements of mining operations. This deficiency in the Dorchester <br />No. 1 permit must be corrected immediately. <br />3) All parites at the meeting agreed that because of the amount of coal <br />that could be mined within the area of concern, a solution which would provide <br />increased supervision and careful planning of the blasting operations and <br />allow the extraction of as much coal as possible was highly desirable. <br />The following solution was agreed upon as acceptable to all concerned parties: <br />A) GEC will prepare a detailed blasting plan and schedule for the area <br />within 550 feet of the Permit boundary. This plan will be submitted to MLRD <br />for review. MLRD will provide Dorchester with a copy of GEC's plan for their <br />review. GEC agrees to operate in accordance with such plan as is approved by <br />MLRD and accepts full responsibility for any damage, should damage occur by:~ <br />flyrock or by ground concussion. <br />B) Dorchester has requested that a pre-blast survey be conducted in <br />' accordance with CRS 34-:33-120(2)(0)(V) and Rule 4.08.2 of the 1980 Regulations <br />of the MLRB for Coal Mining. Such a survey will be conducted after the de- <br />tailed blasting plan hats been submitted to MLRD. A written copy of the results <br />of this survey will be i>repared and submitted immediately to MLRD; a copy will <br />be mailed to Dorchester by MLRD. <br />