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related to matters addressed in the Surface Mining Control and <br />Reclamation Act and the Colorado statute: <br />(a.) Surface effects and subsidence from the underground coal <br />mining including cracks, fissures and voids (all of the mining <br />in the permit area was underground mining by room and <br />pillar methods, other than surface facilities); <br />(b.) The effect of subsidence from room and pillar mining on <br />surface irrigation activity and irrigation water transmission. <br />This would involve both water loss to voids and fissures and <br />lowering the elevation of transmission ditches and field <br />elevations, inhibiting irrigation. <br />(c.) The effects of subsidence and water infiltration into mined <br />areas on the flow of surface streams, in particularity <br />Cottonwood and Rapid Creeks. <br />(Mr. Fontanari has decreed water rights on, and diverts <br />from, Rapid Creek). Flows in Rapid Creek appear to be <br />diminishing with time and may be gravity discharging <br />through the mine to the Colorado river, bypassing Mr. <br />Fontanari's diversion points (Mr. Fontanari's water rights <br />are senior to the well permit issued for the mine drainage <br />system). <br />(d.) As new cracks and fissures develop, they are opening up <br />new oxygen sources for potential, future underground coal <br />mine fires. This area has a history of underground coal fires <br />and depriving formerly mined underground areas of oxygen <br />sources is important in minimizing this threat. <br />(e.) The monitoring of water discharges, including whether <br />monitoring is accurate and effective given the likely <br />deterioration of underground workings and the installed <br />mine drainage system. <br />(f. ) <br />With specific reference to the water issue, it is our <br />understanding that Snowcap Coal Company is engaged in <br />Page 04 <br />