2016-05-06_REVISION - C1981041 - Laserfiche WebLink

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JAMES A. BECKWITH LETTER TO BROCK BOWLES, CO DRMS / SNOWCAP COAL COMPANY RECLAMATION / PG. 2 Erikson, BLM and 39 acres of Fontanari Tract 70. [Decision; SL -08; Attachment 5] DRMS determined that further investigation was needed for these four parcels. [Decision; SL -08; Pg. 36] The DRMS Decision SL -081 stated: "Because of the potential impacts to the prevailing hydrologic balance that may result from water application for irrigation purposes and it's affect on mine inflow and potential discharges from the South Portal and Outfall 016 specific disturbed area acreages and affected area acreages will be disallowed for final bond release. Affected areas and all surface disturbed areas that overlie underground workings that are either hydraulically down gradient or have the potential to be in hydrologic communication from the location on the Fontanari property where water was applied to the surface down to the Outfall 016 discharge will be withheld from final bond release pending further investigation." [Decision SL -08, Pg. 36-37] On October 15, 2015, DRMS issued its Order to Revise Permit, directing further investigation and report by SCC. On December 21, 2015, SCC committed to performing various investigations; submitting reports thereof; and, by October 1, 2016, submitted a Damage Repair Plan. [Appendix B] On April 29, 2016, SCC submitted its Report of Investigation: including a sub -report by Fugro Consultants of the electronic resistivity testing performed at SCC's request. ["Fugro Report'] SCC asserted its Report complied with Item #1, Commitments. It is to that April 29th Report ["SCC Report"] that this Response is submitted. Overview The SCC Report does not comply with the Commitments. The SCC Report only concerns a small portion of the Carey Tract and Fontanari Tract 71. The SCC Report wholly ignores the four properties excluded from Decision SL -08 and all other properties owned by Fontanari. The SCC Report does not provide any Final Mine Map or other documentation of the underground mining activity by Powderhorn Coal for the period 1978-1999. Thus, the correlation between surface condition and underground mine workings cannot be reasonably established. While identifying sub -surface "anomalies", the Fugro Report has internal provisions contradicting known and accepted scientific principles of electronic transmission, soil types and water conductivity. These contradictions compromise the reliability and accuracy of the conclusions made by Fugro: thus requiring additional if not replicated testing. Finally, the Fugro data do not attempt to identify the subsurface anomalies at or in the vicinity of the undisputed connections between surface water and mine inflow as determined in DRMS Incident Report of June 11, 2014, and confirmed in Decision SL -08. For these reasons, Fontanari requests DRMS to reject the SCC and Fugro Report, and direct replicated testing of the Carey and Fontanari 71 Tracts, as well as resistivity testing of Fontanari Tract 71. All such testing should be upon notice to, and attendance by, representatives of Fontanari, DRMS and, if request, Jason Carey. All raw The Decision became final on November 4, 2015.