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Michael Long, Director <br />December 22, 1993 <br />Page 2 <br />2. Failure to adopt measures to prevent subsidence and <br />maintain the value and reasonably foreseeable use of surface land: <br />C.R.S. § 34-33-121(2)(a). The Division's response (Response ,~15) <br />quotes the statute and then argues that the statute is inapplicable <br />because longwall mining allegedly causes subsidence "in a <br />predictable and controllable manner." While this may be stated in <br />an elementary mining textbook, it is not true in the real world in <br />which Raton West must live. Some of the unknowns, which have and <br />will continue to damage Raton West are: timing of the major <br />effects, and of eventual completion, of subsidence cannot be <br />predicted, angle of draw cannot be predicted from room and pillar <br />areas under the alluvial valley and vary from place to place, <br />amount of subsidence depends on localized circumstances due to <br />varying amounts of rubble filling void spaces, and effect upon <br />water wells and utilities cannot be predicted. Also, without a <br />subsidence survey or control plan as discussed above, it is not <br />clear how subsidence resulting from longwall mining can be <br />"planned". <br />3. Failure to indemnify overlying landowners for surface <br />damages: C.R.S. § 34-33-121(2)(a); Reg. § 4.20.3. The Division's <br />July 26 response (Response $ 19) states, incorrectly, that Raton <br />West purchased its property after mining had occurred. We do not <br />think the date of purchase makes any difference because Basin has <br />a continuing obligation to the surface owner, but in any event the <br />Division's statement is incorrect as can be seen by close <br />inspection of the dates on the longwall panels on the Ventilation <br />Map we obtained from MSHA (Raton Exhibit 15), for example, <br />"1/20/93" on the northernmost longwall panel. Damage to Rancho <br />Escondido to date includes probable damage to the PVC water line <br />from the City of Trinidad main, damage to the value of the lots in <br />Rancho Escondido both in terms of sale value and value to <br />prospective homebuilders; anticipated damage to the water well <br />serving the lodge and outbuildings; and anticipated damage to any <br />structures built in Rancho Escondido until subsidence is complete. <br />Please see Raton Exhibits 18 (Improvement Map) and 16 (relation of <br />present workings to surface lots). <br />4. Failure to provide relatively current required maps, <br />which are needed as a basis for surface owner notification and <br />other purposes, specifically: a) a map of surface ownership <br />included in or contiguous to the permit area: Reg. § 2.10.3(1)(a); <br />b) a map of surface disturbances caused by subsidence associated <br />with underground mining activities within the permit area: C.R.S. <br />§ 34-33-111(1)(a); Reg. §§ 2.05.3(2)(b), 2.10.3(1)(c); and c) a <br />map illustrating an evaluation of surface uses: Reg. § <br />2.04.3(2)(a); (existing map is inadequate and out of date). The <br />Division's July 26 response (Response ,$21) reflects a belief of the <br />Division that Rancho Escondido development occurred after all <br />relevant mine permitting. This is incorrect. The subdivisions in <br />Rintta, llndhn7m, RirnL A Aladrrn <br />