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reported structural damage within the SL -8 bond release area possibly caused by mine subsidence <br />that is known to the Division. During the bond release inspection, Mr. Fontanari indicated that <br />subsidence effects are notable on the Erickson property and these locations were inspected. The <br />Erickson and Hasstedt properties had no surface disturbance associated with the mining but are <br />considered to be affected area due to their location overlying underground workings. Because of the <br />potential subsidence related features described earlier in this report, the Erickson and Hasstedt <br />properties are being withheld from final bond release. The Erickson (16.2 acres) and Hasstedt (13.8 <br />acres) properties require further investigation and understanding of potential subsidence and <br />hydrology related impacts and will not be released. <br />Mr. Brant Harrison, a landowner and owner/operator of Kokopelli Farm and Produce which is located <br />within the current permit boundary, attended the entire inspection. Mr. Harrison raised the concern <br />that he has noticed a reduction in flow in Rapid Creek which he diverts water from for his farming <br />operation. As described previously in this Findings of Compliance document, the Division finds no <br />evidence that there has been a loss of resource to Cottonwood or Rapid Creeks due to the underground <br />coal mining operations beneath or adjacent to these streams. Monitoring of stream flows and alluvial <br />aquifer groundwater levels on Rapid Creek and Cottonwood Creek has not indicated any depletion in <br />flow or water levels that might be related to mine subsidence. Therefore, the Division finds that there <br />has been no material damage to renewable resource lands due to mine subsidence within or adjacent <br />to the SL -8 bond release area. A full discussion of the potentially affected hydrologic features and <br />structures within the proposed release area is included in the Section III of this document and in the <br />Division's liability release inspection report dated December 30, 2013. <br />Mr. Rudolph Fontanari, Jr. attended the first day of the SL -8 bond release inspection. Mr. Fontanari <br />is a formal landowner objector to the SL -8 bond release application with allegations related to <br />subsidence and hydrology damage. A comprehensive evaluation and analysis of subsidence and <br />potential hydrologic impacts resulting from the Roadside Portals mining operation was conducted in <br />response to Mr. Fontanari's two objection letters that were received by the Division (these are <br />provided in Attachment 3 of this document). The Division has addressed Mr. Fontanari's concerns <br />raised in his objection letters in Section III of this document. The Division concludes that the source <br />of the water discharging from the CDPS 016 Outfall is groundwater inflow to the mine that is not <br />directly related to Cottonwood and Rapid Creeks. Groundwater seepage into the mine is discharged <br />by gravity at Outfall 016 and the rate of discharge has remained approximately equivalent to the mine <br />inflow rate. The mine inflow rate has remained steady from late in the mine's operation to present <br />day. <br />There is direct evidence indicating hydraulic communication between water applied to the surface <br />above the South Portal entries (Fontanari and Carey properties) and discharge from the South Portal <br />backfill. The likelihood exits but there is no substantial evidence to suggest that irrigation water <br />placed at the surface would be capable of entering the mine pool located at the northwest section of <br />the South Portal area. This will, however, require further investigation and understanding of potential <br />subsidence and hydrology related impacts. Mr. Fontanari still uses the upper diversion pipeline to <br />divert water from Rapid Creek and he has experienced no loss of resource. He recently cleaned the <br />lower ditch and has reinitiated its use to convey water to the Carey Pond. Mr. Fontanari has a more <br />junior water right and can only divert water from Rapid Creek for a limited time during the spring <br />runoff and early summer months. Because of the potential impacts to the prevailing hydrologic <br />Page 36 <br />