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3 and are no longer within the permit boundary. Following the site inspection on September 18, 2013 <br />and in response to Mr. Fontanari's objection to the bond release, Mr. Jim Stover of J.E. Stover & <br />Associates representing SCC submitted a response letter to the Division dated October 21, 2013 <br />clarifying SCC's position with regard to the bond release written objection from Mr. Fontanari. This <br />letter from J.E. Stover & Associates, Inc is included with this Findings of Compliance document as <br />Attachment 7. In SCC's response letter, they presented a survey of the flow line of the canal (lower <br />diversion ditch) and culvert to determine if sediment buildup was the cause of the problem. SCC <br />concluded that there are approximately 11 inches of sediment buildup at the outlet end of the 15 inch <br />diameter culvert. They also provided a diagram showing a 1.5% ditch grade could be established <br />downstream of the culvert with about 300 feet of ditch maintenance (see Attachment 7). <br />The inspection then proceeded further west to the corner of Rudy Fontanari's property where it abuts <br />with the Carey property to the west and Reams and Erickson property to the south. Photograph No. <br />29 is taken from a vantage point on the Reams property near the permit boundary looking east to the <br />Erickson property which is located within the permit area. Mr. Fontanari indicated that subsidence <br />effects are notable from this viewpoint. At this approximate location, Mr. Fontanari pointed out two <br />locations that were devoid of vegetation. He indicated that these were subsidence cracks that he was <br />paid to remediate by filling with low permeability material and backfilling. In Mr. Fontanari's follow- <br />up objection letter to SL -8, he states that he has documentation confirming that he was paid to <br />remediate subsidence features. Based on our inspection and observations made, the Division concurs <br />that subsidence cracks likely occurred in this vicinity and that they were remediated by backfilling. <br />As stated in SCC's October 21, 2013 response letter, "Surface subsidence is an accepted impact of <br />coal mining. In some cases, subsidence features such as irregular surface contours can be apparent <br />on the surface long after mining is complete." As indicated in the Division's policy memorandum <br />for areas overlying underground coal mine workings where extraction occurred, the liability period <br />shall be a minimum of three years after mining. In the location of concern (Reams, Erickson and <br />Hasstedt properties; refer to Exhibit 3 Surface Ownership Map of the PAP), mining occurred in <br />approximately 1982 and 1983, over 30 years ago. It is unlikely that subsidence is continuing to occur <br />in the areas overlying the South Portals and there was no discernible surface irregularity apparent in <br />the areas inspected that overlie the South Portals mining area during three separate Division <br />inspections from September through November, 2013. In Photograph No. 29, the building that is <br />visible is the Erickson house. The adjacent property immediately to the east is owned by Mr. John <br />Hasstedt. Mr. Hasstedt's property is within the mine permit boundary in the South Portal area north <br />of the Ute Water Plant. Mr. Hasstedt attended the bond release inspection on October 23, 2013 and <br />was asked if he has experienced any foundations problems or other issues such as cracks in walls and <br />he indicated that he had not. However, following the bond release inspection, Mr. Hasstedt contacted <br />the Division on July 31, 2014 via e-mail and indicated that he has what he thinks is subsidence at the <br />west side of his house and was interested in having someone look at it to see if it is a problem. The <br />Division conducted an inspection of Mr. Hasstedt's home where he indicated he had concerns on <br />August 1, 2014. The purpose of the inspection was to view the features that he thinks may have been <br />caused as a result of subsidence from the Roadside Portals Mine where the South Portal underground <br />workings are located beneath his property. <br />During the August 1, 2014 inspection, Mr. Hasstedt stated that the deck on the west side of his house <br />has slumped and pulled away from the house. The cement footer located on the north side of the deck <br />has sunk into the ground about 1 foot deep as compared to the footer on the south side of the deck. <br />Page 22 <br />