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Memo to Dan Mathews <br />Powderhorn Subsidence Issues <br />page 2 <br />owned by a Mr. Scroggins on lot 2, Section 2, T11 S, R98W. The Scroggins house <br />and shop are stated to be "located directly over mined out portions of the <br />Roadsice South Portals where no further mining will occur." Further, the <br />amendE~d permit indicates that irrigation ditches have also been established in <br />1992 on portions of the Powder Mountain Ranch, located in Sections 34 and 35, <br />T10S, R98W, above mined out and active portions of the Roadside South mine. <br />Dan Mathews has expressed a concern regarding whether the approved permit <br />accomrnodates these events. <br />In my opinion our regulations do not address the specific situation of <br />development occurring after the approval of a subsidence control plan. They do <br />not spE~cifically place the responsibility for updating the subsidence inventory <br />upon tFie operator upon the occurrence of any development or construction <br />within the effected area. The property owners of these potentially effected <br />properties and structures were notified at the time the mine plan was proposed. <br />The ap~xoved mine plans and subsidence control plans are matters of public <br />record available for public examination within our offices. If properties <br />change~j ownership the new owners should have been informed by the sellers. <br />However, our regulations do require that any permit include an accurate text and <br />map inventory of all structures within the potentially subsided area. Therefore, <br />if any of these structures existed at the time of the submittal of the permit <br />revisior~ for the Roadside North mine, which included a required subsidence <br />inventory, they should have been included on the inventory. If the structures <br />existed but were not included on the inventory, Powderhorn would have <br />submitted an incorrect map and can be required by the Division to correct its <br />submittal and the subsidence control and monitoring plans, if appropriate. If <br />the stn~ctures did not exist at the time of the last permit amendment than <br />Powderhorn would be in compliance. Upon the submission of its next revision <br />request, however, Powderhorn would be required to correct the inventory to <br />show tl~e structures. Under our regulations, once a structure has been <br />inventoried the operator is responsible for protecting it from material damage. <br />The law and regulations do not address the temporal relationship of mine plan <br />