2018-12-21_INSPECTION - C1981041

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JAMES A. BECKWITH FONTANARI COMMENTS TO REPORT OF NOVEMBER 28, 2018, INSPECTION/ PERMIT C-1981-041 /PG. 2 A. Snowcap repair obligations. DRMS has not identified the specific repair procedures Snowcap must use, but has cited section 34-33-121(2)(h), C.R.S.' (fire and public safety hazards) as the source of Snowcap's obligation to repair Fontanari's land. Fontanari believes that in addition to fulfilling the requirements of that section, Snowcap is also responsible for repairing Fontanari's property under section 34-33-120(2)(b), C.R.S. (requiring permittee to restore the land to "a condition capable of supporting the uses which it was capable of supporting prior to any mining") together with section 34-33-121(2)(a)(I) (requiring permittee to "adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such surface lands") and Coal Rule 4.20.1(1) (setting forth the manner in which subsidence control may be accomplished). B. DRMS should consider a holistic repair plan for the subsidence on Fontanari's land. Fontanari has consulted with geophysical engineers experienced in subsidence damage repair and learned that these types of repairs should proceed in three steps. First, electronic sensing of the involved land should be performed and potential sub -surface anomalies (fissures, voids, etc.) identified. Second, "ground truthing" or exploratory drilling should be performed to more precisely define the sub -surface anomalies revealed through the first step. Third, the repairs should be performed, which may include deeper drilling to the collapsed tunnel and pumping foam and/or grout into the sub -surface anomalies in order to restore support and integrity to the surface above the anomalies. This three-step process should be employed as to each of the 25 holes designated for repair, in order to complete those repairs in a professional manner consistent with industry standards. Olson Engineering conducted Frequency Domain Electromagnetic Conductivity (FDEM) testing on Object ID Nos. 53 — 57, located on Fontanari Tract #70 on December 14, 2018 (shown as Fontanari Event E, Objections)? That test revealed that the sub -surface below Tract #70 is geologically active. Specifically, preliminary results reveal that low conductivity was found to be spatially related to the surface features of Object ID Nos. 53-57. Clay has a high conductivity and its removal (i.e., through water dissolution and transport) lowers the bulk conductivity reading. The low conductivity rate indicates removal of fine-grained material (such as clay) by water into the sub -surface via cracks, fissures and potential voids. In particular, it indicates that the sub -surface below Tract #70 is geologically active. Fontanari has presented documentation to DRMS that this area has successively experienced the following: three open stress cracks in 1981 and subsequent closure of those cracks without repairs by the permit holder; one large, deep open stress crack in 1991 and subsequent closure of that track without repair by the permit holder; and, today, a line of large open sinkholes stretching through the entire area of stress cracks documented by Mr. Magers. I The Report cites section 34-33-121(h), C.R.S. See Report at page 2. Fontanari understands that to mean section 34-33-121(2)(h), C.R.S. 2 These sites are the identical areas of surface stress cracks noted in Magers (1993).