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JAMES A. BECKWITH FONTANARI OBJECTIONS AND COMMENTS / SNOWCAP BOND APPLICATION SL -I I / PG. 5 III. OBJECTIONS A. SNOWCAP HAS FAILED TO ADDRESS THE EXISTING AND CONTINUING SUBSIDENCE IN THE STUDY AREA. Contrary to Snowcap's representations, the Study Area contains several surface subsidence sinkholes, depressions, and tension cracks, indicating that the sub -surface soil movement is geologically active and shifting. These subsidence features force Fontanari to avoid any flood irrigation, in turn injuring his ability to grow or facilitate native grasses on his lands. Those grasses are necessary to facilitate seasonal cattle grazing and wildlife habitats, i.e. Fontanari's primary uses of the property. Snowcap should not be released from its obligations to research, report, and propose repairs4 as required under its Reclamation Plan and Minor Revision No. 82 ("MR -82") unless and until it addresses these issues. 1. Relevant Background And Reports. In 1980, the Roadside Mine was operated by GEX Coal Company. On October 22, 1980, GEX filed with DRMS its Roadside Underground Mine Ventilation, Evacuation and Firefighting Plan, created on September 26, 1980. (Fontanari Exhibit 5.) Shown on this 1980 Map were Subsidence Control Points 201 and 202 (Tract No. 71) and 104 and 102 (Tract No. 70). These were iron tetrahedrons set atop a capped pipe on which "SCP" numbers were stamped. (Fontanari Exhibit 6.) The GEX map showed the locations of both "Old Workings" and then present or proposed workings of the Roadside Mine. From February 1981 through August, 1985, and again in July, 1991, Mr. Magers, on behalf of the U.S. Bureau of Mines, conducted subsidence research on the surface of Tract No. 70 situated above the "new workings" shown on Application Tab 5.5 Magers' report, published in 1993, is SCC Tab 10. In that report, Magers refers to the area as the "Northwest Section Mine Plan" or, simply, "Northwest Section." Mining in this area had been conducted well before 1980 ("Old Workings") and was being conducted during the time of Mr. Magers' field research. Nonetheless, Mr. Magers installed "subsidence points," which were one -inch solid steel rods inserted into the soil to a depth of approximately 3-4 feet. (Magers Report; Pg. 9) These rods were set in Lines A, B, C, and D, shown on Figs. 5 and 10 in the report. On the surface a Western Slope Flagstone, owned by Fontanari, currently operates a gravel excavation and pit for basaltic deposits located in sub -surface soils beneath Tract No. 70. This use will continue, and be expanded in the future, to other Fontanari tracts. Using its installed irrigation system, Fontanari will sprinkle irrigate the surface to promote native grasses on these tracts, thereby preserving Fontanari's decreed water rights in Rapid Creek. 5 Mr. Magers also studied the surface of Mine Area Third West: which lies outside the Study Area of SL -11. For this reason, the Third West research will not be discussed in these Objections.