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2016-05-06_REVISION - C1981041
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2016-05-06_REVISION - C1981041
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Entry Properties
Last modified
8/24/2016 6:21:48 PM
Creation date
5/9/2016 7:33:02 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
Revision
Doc Date
5/6/2016
Doc Name
Response to Report of Investigation of Subsidence
From
James A. Beckwith- Attorney & Counselor at Law
To
DRMS
Type & Sequence
SL8
Email Name
BFB
DIH
Media Type
D
Archive
No
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JAMES A. BECKWITH <br />LETTER TO BROCK BOWLES, CO DRMS / SNOWCAP COAL COMPANY RECLAMATION / PG. 4 <br />The 1978 CMC Mine Map shows underground workings at or near all of these Fontanari <br />properties. Snowcap's testing of properties, however, dealt only with a small portion of <br />Fontanari Tract 71 at or near the Jason Carey property. [SCC Report; Fig. 2] SCC's testing was <br />performed on April 4 and 6, 2016. On April 4th, SCC dumped 10,000 gallons of water down the <br />sinkhole noted in the June, 2014 Inspection Report. [SCC Report; Fig. 4] On April 6, 2016, <br />Fugro conducted its electronic resistivity testing. <br />Ironically, (and wholly without notice of SCC's field testing) Fontanari consultants <br />performed their own inspections of all Fontanari properties: including the Tract 71 and Carey <br />properties. In Fontanari Tract 71, Fontanari consultants observed and photographed sinkholes <br />noted by Snowcap. [Appendix D] In Fontanari Tract 70, the consultants observed and <br />photographed a series of surface sinkholes. [Appendix E] The specific locations in Tracts 71 and <br />70 were plotted by GPS and elevation, and reported on a Survey Plat prepared by Mr. Walter <br />Eldridge, PLS 411980. [Appendix F] <br />Fontanari does not suggest that SCC should run resistivity testing on virtually all ground <br />owned by Fontanari. Rather, SCC should adopt the "probable cause" practices of police: <br />visually observe a property or activity to determine the presence of surface indicators of <br />subsidence or sub -surface voids. If Tract 70 and 71 sinkholes were blatant and obvious on April <br />5th, then they were blatant and obvious on April 4th and 6th. It is clear that Snowcap did not <br />visually inspect all Fontanari lands: otherwise the Tract 70 sinkholes would have been <br />discovered and, presumably, have been made the subject of Snowcap's electron resistivity testing <br />performed by Fugro Consultants, of Lakewood, CO. <br />Deficiency #3 / No Explanation for the Loss of 10,000 Gallons <br />On June 11, 2014, irrigation water running down an irrigation ditch disappeared down a <br />sinkhole in Tract 71. [Appendix A; Photo No. 5] On April 4, 2016, SCC dumped 10,000 <br />gallons of water down the same sinkhole, and the water immediately disappeared just as it had in <br />2014. [SCC Report; Fig. 4] Indeed, the water disappeared so fast that the water never <br />overflowed the irrigation ditch. On April 5, 2016, the tire tracks of the delivering trucks were <br />apparent and the bottom of the ditch was wet, but the banks of the ditch were dry. [Appendix <br />G] <br />Without question, the Report Fig. 4 sinkhole has a direct connection to underground mine <br />workings. Yet, the SCC Report did not find any anomalies in the area underlying the Fig. 4 <br />sinkhole. [Report; Fig. 5] Moreover, the SCC Report fails to discuss or explain the loss of the <br />10,000 gallons of water down the Fig. 4 sinkhole. Overlooking this most obvious, and <br />undisputed connection between surface water and mine inflow is an unacceptable scientific <br />practice. <br />Deficiency #4 / Anomalies Under an Air Ventilation Shaft? <br />It is noted that Snowcap never dumped any water down the air ventilation shaft shown in <br />Report Fig. 3. The SCC Report states that the anomalies in the vicinity of the Fig. 4 Air <br />
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