2016-10-27_REVISION - C1981041 - Laserfiche WebLink

Home Browse Search

JAMES A. BECKWITH LETTER TO BROCK BOWLES, CO DRMS / SNOWCAP COAL COMPANY RECLAMATION / PG. 3 Yet, by specific intent, Snowcap has never complied with this Commitment. As relevant here, Fontanari has nine different tracts of land within Secs. 34-35, T10S R98W, 6" P.M., comprising 406 acres.3 Fontanari has provided DRMS and Snowcap with evidence establishing the existence of surface subsidence depressions, sinkholes and fissures, and the reasonably suspected sub -surface abysses on Tracts 70 and 71.4 Despite such direct knowledge, Snowcap has refused to inspect, test and report on Fontanari Tract 70; the majority of land area in Fontanari Tract 71; and the surface depressions in the Carey Tract. Instead, Snowcap has exclusively concentrated upon a 2 acre portion of Tract 71. Snowcap's refusal to comply with its Commitment is knowing, willful and deliberate. Such conduct is cause for outright rejection of its Repair Plan. (B) The Snowcap Repair Plan Is Based On Defective Presumptions Regarding Law and Geology The fundamental lynchpin of the Snowcap Plan is Snowcap's claim that by making the one "repair" on a 2 acre tract in Fontanari Tract 71, Snowcap will solve all problems of subsidence: both on and below the surface. This belief is based on the following claim made by Mr. James Stover: "Surface subsidence is an accepted impact of coal mining. In some cases subsidence features such as fractured cliff faces and irregular surface contours can be apparent on the surface long after mining is complete. Most subsidence occurs shortly after mining is complete and the remaining residual subsidence occurs within two to three years after mining. The short time frame for the effects of subsidence is confirmed by a DRMS policy memorandum dated April 13, 1987 regarding release of liability of areas overlying underground coal mine workings. The policy memorandum states that for areas of extraction the liability period shall be a minimum of three years after mining. The underlying point of this policy memorandum is that most, if not all, subsidence occurs within three years after mining. " (Emphasis Supplied) 10.21.2013 Letter to M. Boulay of DRMS.5 It is significant that Mr. Stover offers no scientific or legal authority for the statements highlighted in the above quotation. Mr. Stover's claim is absolutely erroneous. First, surface subsidence is not "an accepted result" from coal mining. SEE: C.R.S. §34-33-1136; §34-33- 121'; §34-33-1358 The mining operator is liable to the surface owner for failure to maintain subjacent support. Gladin v. R.D. Von Engeln 575 P.2d. 418, 421 (Colo. 1978) [Holding that the miner's liability to the surface owner, when the surface is in a natural state, is based on strict liability, for which there are no defenses, and overruling Colorado Fuel & Iron Corp. v. 3 Id; Pg. 3 of Text 4 Ibid; Appendices D and E (Photos); Appendix F (Surveys and GPS Coordinates) 5 DRMS Proposed Decision SL -08; Pg. 7-1 6 Performance Bonds for Mining and Reclamation Surface Effects of Underground Coal Mining 8 Civil Actions for Failure to Comply with Permit