Laserfiche WebLink
<br />record, the Division is providing our interpretation of what our <br />involvement should be on each of the items you listed. I have <br />incorporated your list of issues as presented and provided our <br />comments for each below. <br />1. Replacement o! new headgatea with supporting rock and other <br />materials approximately $2,100. <br />Although the mine is the property owner of the land at the <br />location of your irrigation ditch headgate, any activity <br />surrounding this headgate has nothing to do with coal mining <br />activities. The Division has no authority to regulate <br />activities that are not directly related to operations <br />conducted by the mine associated with the extraction of coal. <br />Furthermore, Rule 2.03.6(3), Right of Entry and Operation <br />Information, specifically restricts the Division or Board from <br />adjudicating property rights disputes. Therefore, this issue <br />is entirely between you and the mine representatives and will <br />not be considered further by the Division. <br />2. (first sentence) Rechannelinq of the river to prevent erosion <br />of the ditch bank in two different locations approximate cost <br />$11,320. <br />Again, controlling river bank erosion to prevent damage to <br />your irrigation ditch is not an activity of which the Division <br />has any authority to regulate. This issue is also a property <br />rights issue between you and the mine representatives and will <br />not be considered further by the Division. <br />2. (second sentence) Replacement of topsoil and eroding aide <br />ditches caused by removal of the coal slag with the backhoe <br />and to also include replacement and reseeding of new ditches <br />formed and to clean the entire ditch to headgate to opposite <br />end approximate cost of $7,080. <br />The Division is still evaluating whether there is any <br />remaining mine liability for those areas that were repaired or <br />altered as part of the abatement of NOV ~C-94-008. As for <br />clean out of the length of ditch west of that portion which <br />was involved with the NOV and subsequent clean up, this again <br />is a property rights dispute and should be resolved by dealing <br />directly with the mine. The Division will not consider <br />further issues associated with the irrigation ditch above the <br />location of mine culvert C-14 on mine ditch D-13. <br />3. Compensation for oae and one half years of crop loss of 1,990 <br />bales of hay at $3.50 per bale for a total coat of $6,965. <br />Presently, the Division is seeking expert opinion as to the <br />possible effects the spill of approximately 1 cubic yard of <br />coal fines could have on the production of your hay field. As <br />per our phone conversation of April 26, 1996, irrigation <br />normally begins about May 10th of each year. NOV #C-94-008 <br />