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a sprinkler irrigation system, filling sinkholes and taking appropriate drainage <br />control measures. What needs to be recognized is that subsidence cannot be <br />economically prevented nor is it fully repairable. However, the subsidence could <br />be minimized or stabilized in place to a large extent with proper use of trust <br />funds. <br />The foregoing measures are in addition to the corrective measures described in <br />the Fontanari Letter to the Agency. The trust funds required for that work, taken <br />together with the measures described in this letter, need to be administered <br />through an appropriate arrangement. Carey particularly wants to re-emphasize <br />the point that, although it is a mining company, represented by a well-known <br />mining engineer, Snowcap makes no provision for the payment of the losses to be <br />sustained by Fontanari and Carey should the Snowcap repair plan be approved. <br />Snowcap has not even bothered to study areas outside of a few acres that it <br />erroneously contends are the extent of the entire subsidence conditions on the <br />Fontanari and Carey Properties. <br />Finally, an issue which needs to be addressed, although not directly related to <br />subsidence, is the trespass of a refuse pile onto the Carey Property. This has been <br />pointed out in the past, but ignored by Snowcap Coal. Attached to this letter as <br />Exhibit A is a diagram showing the area of encroachment as well as the area of <br />subsidence on the Carey Property. <br />We appreciate your consideration of our position and urge your adoption of the <br />repair plan set forth in more detail in the Fontanari Letter. <br />Yours truly, <br />/s/ R Gregory Stutz <br />R. Gregory Stutz <br />rgs/s <br />Mr. Jason Carey <br />James A. Beckwith, Esq. <br />Scott Schutz Esq. <br />