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Mike Boulay -2- October 21, 2013 <br />concern in the past. SCC speculates that Mr. Fontanari prompted Warren F. Reams to write a <br />October 19, 1995 letter to the mine operator asking about the same issue. By letter dated <br />November 12, 1997, the mine operator responded to Mr. Reams. The mine operator stated it <br />had heard Mr. Fontanari's story about mining outside of lease boundaries but found nothing to <br />support his accusations. Notwithstanding the above discussion, Mr. Fontanari cannot in any way <br />be adversely affected by this issue since it was not his coal that was allegedly mined. <br />Mr. Fontanari states hydrology has been adversely affected due to subsidence , and potentially <br />an inadequate subsidence retention program. <br />• Mr. Fontanari alleges irrigation canal grading/paths have moved over time necessitating <br />routine, excessive maintenance of the irrigation canals. <br />SCC - During the onsite meeting, Mr. Fontanari showed the group two areas where he <br />believes subsidence has changed the gradient of irrigation canals. The irrigation canals <br />were undermined in 1982 and 1983, over 30 years ago. Itis highly unlikely mine <br />subsidence is the cause of the movement of the canal grading/paths. <br />The upper Rapid Creek irrigation canal/pipeline traverses a bench cut with a near vertical <br />cut slope. Mr. Fontanari points to cracks on the face of the near vertical cut as evidence <br />of subsidence. The bench created by the near vertical cut appears to be side cast <br />material with no compaction. It is far more likely changes to the grade of the subject <br />irrigation canal is caused by inappropriate construction techniques. <br />The lower Rapid Creek irrigation canal flows through a culvert under a county road. Mr. <br />Fontanari explained that water backs up to a point where the county road is flooded <br />before water will flow through the culvert. SCC surveyed the flow line of the canal and <br />culvert to determine if sediment buildup was the cause of the problem. There are <br />approximately 11" of sediment buildup at the outlet end of the 15" diameter culver. The <br />attached Figure 1 shows a 1.59 ditch grade can be established downstream of the <br />culvert with about 300 feet of ditch maintenance. <br />Both of the areas of concern have been released from bond and are no longer wilhin the <br />permit boundary. Mr. Fontanari cannot be adversely affected by this issue since the <br />irrigation canals are not within the permit boundary. <br />Mr. Fontanari alleges surface irrigation needs seem excessive, and it believed that <br />surface water is unintentionally drained into subsurface subsidence features. <br />SCC - The land Mr. Fontanari has tried to irrigate was acquired from Snowcap Coal <br />Company in 2003. This small parcel of land is not part of the SL -8 bond release <br />application. Therefore, Mr. Fontanari cannot be adversely affected by the bond release <br />application. <br />• Mr. Fontanari alleges water retention features (small ponds) lose water at a pace that is <br />believed to be well in excess of standard evaporation/percolation. Queries regarding <br />excessive water have come from the former subsurface mine operator. <br />SCC - Mr. Fontanari cannot be adversely affected by small ponds losing excessive water <br />since Mr. Fontanari does not own any small ponds. <br />7-2 <br />