Laserfiche WebLink
<br /> <br />p. 2 <br />material damage to the surface ...... to maintain the <br />value a.nd reasonable forseeable use of surface lands", <br />P9r, Greenlee of 'w'estern goal admits that their sub- <br />sidence ha.s caused material damage to our surface lands, <br />(See paragraph 2 of Greenlee's letter to ."ra.nk ilisley <br />dated August 31, 1982 enclosed), This again puts Powder- <br />horn in violation. <br />(c) Article 4.20,3 mandates that the mining company promptly <br />mitigates any damage. The a.ct continually uses the lang- <br />uage "reasonable forseeable uses" in setting the stage to <br />determine damages. ~1r, Plisley was hired by YJestern Coal <br />to establish the monitary value of damage done to our lands <br />by subsidence. Mr, Pdisley's land values were only 66% of <br />those determined by other appraisers, yet we agreed to <br />settle using his figures (see letter to Greenlee from Nisley <br />dated October 28, 1982). Mr, Greenlee gave us oral assur- <br />ances that Powderhorn would either buy our land or pay <br />damages as set forth in the Nisley appraisal, 'r;r, Greenlee <br />now refuses to honor this agreement a.nd distinctly puts <br />his com any in violation of the a.ct, Pursu--^.nt to rule <br />2,07.6 p(2)(h) there is every indication of an intent not <br />to comply with the provisions of the act. <br />2, The Division erred in not issuing a "notice of violation' to <br />Powderhorn for failing to keep adequate subsidence survey <br />records, <br />3. The severe subsidence which has occurred a.nd which is currently <br />occurring in the applicant's adjoining mining operations <br />negates the assumption of "absence of subsidence'' used in <br />assessing the effect of future mining on Rapid and Cottonwood <br />Creeks. The applicant's statements of hydrologic effects in <br />Section 2.05.6 of Volume V should be required to have <br />supporting subsidence evidence. <br />Sincerely, <br />~y~~~~~ <br />Paul B. Alexander <br />Managing Partner <br />Powder mountain Ranch <br />