2017-04-06_REVISION - C1981041 (10)

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Rationale for Proposed Decision to Approve TR -69 April 6, 2017 Page 7 of 9 excavations and repairs, as set forth in the November 16, 2016, correspondence from Ute Water District. As a protected structure, SCC will be required to work with the Ute Water Conservancy District (Ute) to ensure that the water line is not damaged. In a November 16, 2017, letter to the Division Ute provided guidelines for the protection of their water line. SCC will be required to follow these guidelines or similar guidelines that are acceptable to Ute. 15. What mining operations were conducted by Powderhorn Coal Company and/or Snowcap Coal Company, under the management and direction of Mr. James E. Stove, P.E., in the period 1978 to present below and beneath lands owned by Fontanari and Carey. This comment is outside the scope of TR -69. 16. What maps exist showing the extent and nature of all underground mining operations of the South Portal Mine since 1978 and, if such maps do not exist, whether justification for the absence of such surveying and mapping can be demonstrated by Snowcap Coal. While the Division agrees that an accurate map of the workings in question would be helpful, this issue is outside the scope of TR -69 17. Whether Fontanari's transmission of water from Rapid Creek via the Martin Crawford Ditch, under its adjudicated water rights to 5.3 cfs, have been adversely impacted by subsidence, both surface and sub -surface, caused by collapse of underground coal caverns, including the need for repairs, the cost for repairs, and the time for repairs. During the Bond Release SL -08 process the Division conducted a detailed study regarding the possible adverse impacts of subsidence on irrigation water. The Division determined that there were no adverse impacts related to subsidence damage. Further, this comment is outside the scope of TR -69. 18. Whether Fontanari has sustained or will sustain injuries and impairments to its adjudicated water rights caused by subsidence, both surface and sub -surface, resulting from collapse of Snowcap's underground coal caverns: including the identity of such injuries and repair costs for such injuries. This comment is outside the scope of TR -69. 19. What forms and methods of surface irrigation remain available to Fontanari and Carey after subsidence damages caused by Snowcap as well as excavations to be conducted by Snowcap under its Repair Plan. The area that will be excavated for the SCC repair plan is estimated to be 0.4 acres. Upon completion of the work, the disturbed area will have its topsoil replaced and the area will be reseeded with a mix of native grasses. With regards to future irrigation options, that is outside the scope of TR -69.