2016-10-27_REVISION - C1981041 - Laserfiche WebLink

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JAMES A. BECKWITH LETTER TO BROCK BOWLES, CO DBMS / SNOWCAP COAL COMPANY RECLAMATION / PG. S them, Snowcap then refers to the air shaft as the rock pile, and Snowcap describes water dumping at this "rock pile" which never occurred.20 The sinkhole in the irrigation ditch is shown in Fugro Fig 4 [Pgs. A14-14-9; A14-15-7] and in Fontanari's Appendix D-2 (5.6.2016). In April, 2016, Snowcap dumped 10,000 gallons into this sinkhole. [Fugro Fig. 3; A-14-14-8] In August, 2016, Snowcap dumped 8,000 gallons down this hole. [Fugro Fig. 4; Pg. A14-15-6] In both instances, the water immediately disappeared. The air ventilation shaft (air shaft) is shown in Fugro Figure 3 [Pg. A14-14-8; A15-15-6] and in Fontanari's Appendix D-1 (5.6.2016) Fugro describes this shaft as "...a backfilled sinkhole....". With regard to this air shaft, Snowcap states: "The air shaft was constructed in the 1979 time frame .... (Snowcap) does not have any detail on how the shaft was constructed or how the shaft was sealed. It is likely the shaft was sealed by dumping soil and rock into the shaft until it was filled to the surface. A void in the shaft could have been created by settling of the backfill." [Pg. 14-34] In referring to the air shaft, Fugro states that "...2,000 gallons (of water) went into the rock pile feature shown (in Fig. 3)....". Fig. 3 shows the air shaft, not the rock pile. Snowcap also mistakenly refers to the air shaft as the "rock pile". "The rock pile sinkhole feature is shown on Figure 14-17 and Fig 3 of Fugro's August 23, 2016 Report.21.... Water was dumped into this feature prior to the survey (of August 23) .... During the addition of water to the rock pile sinkhole, the water reached equilibrium and overfilled, spilling out on to the adjacent ground. The water did not disappear down (the) hole which indicates no hydrologic connectivity. No mitigation is proposed for the rock pile sinkhole." [Pg. 14-35] On October 24, 2016, the undersigned counsel went to Tract 71, inspected and photographed both the rock pile and the air shaft as platted on Snowcap's Figure 14-17. As shown in Appendix L the air shaft still shows truck tire tracks through the cheat grass and mudded tire ruts where water overflowed the air shaft and on to the surrounding ground. Thus, the 2,500 gallons was dumped down the air shaft and not the rock pile. By contrast, the rock pile does not show any such tire tracks, spillage or mud ruts. [Appendix M] There is no visual evidence that any testing of the rock pile was conducted by Snowcap or Huddleston -Berry. Fugro's ERT lines ran close to the rock pile, but Fugro does not report any anomalies near the rock pile. 20 "Rock Pile Sinkhole: .... Water was dumped into this feature prior to the survey...". [Pg. 14-35] 2' This is a complete error. Fugro's Fig. 3 depicts the air shaft not the rock pile. Snowcap's Fig 14-17 plats the air shaft and the rock pile as being two separate and distinct locations.