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2016-10-27_REVISION - C1981041
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2016-10-27_REVISION - C1981041
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Last modified
5/3/2017 12:00:39 PM
Creation date
10/27/2016 12:27:21 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
Revision
Doc Date
10/27/2016
From
James A. Beckwith Attorney & Councelor at Law
To
DRMS
Type & Sequence
TR69
Email Name
BFB
DIH
Media Type
D
Archive
No
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JAMES A. BECKWITH <br />LETTER TO BROCK BOWLES, CO DBMS / SNOWCAP COAL COMPANY RECLAMATION / PG. 9 <br />We need not argue further. Snowcap dumped water down the air shaft — not the rockpile <br />— and the air shaft repelled the water causing surface overflow. How much is not reported, but <br />we can postulate mathematically. It takes 7.48 gallons of water to comprise one cubic foot. <br />2,000 gallons of water means 267.4 cubic feet. If the air shaft is 1 ft square and 100 ft deep to <br />the collapsed mine cavern, that would equal only 100 cubic feet leaving 167.4 cubic feet (1,252 <br />gallons) of water. If the air shaft is plugged, say, 25 ft down from the surface, then only 25 cubic <br />feet is in the shaft and the remainder (1,813 gallons of water) would be spilling on to the surface. <br />That amount of spillage would not go unnoticed — even by a non-scientist — and would indicate <br />significant blockage in the air shaft. Indeed, Snowcap makes the following conclusion — <br />adjusting for its mistaken reference to the rock pile: <br />"...the water reached equilibrium and overflowed, spilling out on to the adjacent <br />ground. The water did not disappear down hole which indicates no hydrologic <br />connectivity....". [Pg. 14-35] <br />Thus, HBET's hypothesis that there exists a ditch -to -anomaly -to -shaft -to -mine <br />hydrologic communication is not simply unsupported by the Fugro reports but it is refuted by <br />Snowcap's own experiment. Water does not travel down the air shaft because it is plugged. For <br />water to disappear down the irrigation ditch sinkhole, there must be another sub -surface void, <br />whose location is unknown. <br />Moreover, the refutation of Mr. Berry's hypothesis also confirms (caused?) the <br />disclaimers made by Fugro and HBET. Fugro was unable to establish any definite connection <br />between the anomalies, the irrigation ditch and the air shaft. Indeed, Fugro openly states: <br />" The ERT survey cannot determine absolutely the cause of the anomalies <br />identified in the data." [8.23.16 Report; Pg. A14-15-9] <br />For itself, HBET ultimately admits, after review of Fugro's April and August, reports, <br />that it is only "apparent" and not "definite" that sub -surface "anomalies" connected to any <br />surface manifestations. (A14-15-1) <br />Snowcap's refutation of HBET's hypothesis also discredits the reliability of the Repair <br />Plan proposed by Snowcap. A reasonable person would not commit to digging, grouting and <br />covering up the air shaft when there is no connectivity between the air shaft, the mine, and the <br />irrigation ditch. Accordingly, the Repair Plan must be dismissed as unreliable and unfounded. <br />(D) Snowcap's Claim of Agricultural Abandonment Is Without Factual Support <br />Snowcap blithely states that prior agrarian activities on Fontanari and Carey lands were <br />not "...in any way successful....". [9.27.16 Cover letter; Pg. 2] Snowcap cites the presence of <br />invasive weeds (cheat grass) to conclude that the landowners have "abandoned" agricultural <br />pursuits on the property. This claim is without supporting evidence and embarrassingly <br />simplistic. <br />
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