2017-04-06_REVISION - C1981041 (11)

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JAMES A. BECKWITH SNOWCAP COAL / TR -69 / SUMMARY OF FONTANARI OBJECTIONS / PG. 3 Prior Objections Incorporated Both Carey and Fontanari filed their Comments and Objections to Snowcap's Report of Investigation and Snowcap's Repair Plan. Fontanari has also submitted its own Repair Plan, to which Snowcap has not filed any objections or comments. Fontanari's Comments were quite comprehensive and, in the interest of brevity, are not repeated here. Instead, Fontanari adopts and incorporates all its objections, comments, appendices and reports as if the same were set forth here. Summary of Objections Snowcap's Repair Plan does not comply with either the letter or the spirit of Rule 4.20, Mining Rules. Generally, Snowcap's Repair Plan is based on an incomplete and inadequate investigation. As illustrations, Fontanari notes the following: 1. 1989 Hydrologic Incident: In Spring, 1989, the Carey and #71 Tracts were jointly owned by Powder Mountain Ranch: managed by Mr. Rudy Fontanari, Jr. The Martin Crawford Ditch ran east -west along the southern boundaries of the two tracts. The Carey Pond was 1/101h its present size, and there were no lateral ditches running from the Martin Crawford into #71 Tract. As the water reached the SE corner of the Carey Tract, it flowed into a north - south gated pipe which then spilled waters into east -west ditches to irrigate the Carey Tract. In Spring, 1989, water from the Martin Crawford Ditch was applied to the surface for a period of 3- 4 weeks. The coal caverns (then actively operated) were flooded with this irrigation water: requiring cessation of irrigation and clean up of the flooded portal of the mine. Snowcap makes no mention of this incident. Notably, the sinkhole in the lateral ditch in #71 Tract did not exist. Water had to connect with the underground caverns via other sinkholes and sub -surface fissures which existed at that time (or may still exist though not disclosed by Snowcap). 2. Proposed Decision SL -08: In 2013, Snowcap sought its eighth partial bond release. Before the June, 2014 hydrologic incident, Mr. Michael Boulay, DRMS, reported that he had inspected the Carey and #71 Tracts and not found any surface subsidence and he had not found any sinkholes on the surface of either tract. Though Snowcap consultants (Mr. J.E. Stover) were involved in this field investigation, Snowcap nowhere references Mr. Boulay's findings and conclusions by Mr. Boulay. 3. Investigation of June, 2014 Hydrologic Incident: After this incident occurred, Mr. Boulay revisited the properties and again inspected both tracts. He reported finding only one sinkhole: i.e., the same sinkhole down which approximately 120+ acre-feet of irrigation water had "disappeared". Mr. Boulay did not report any other sinkholes, nor did he report the existence of any subsidence "troughs" on either Tract. Here, again, Mr. Stover personally participated in the DRMS field investigation. Mr. Stover never references any sinkhole except the sinkhole in the ferrel ditch.