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<br />dry. According to Mr. Hayes, it did not flow this year but was wet <br />at its source location on a bench approximately 15 feet vertically <br />above the valley floor of Fish Creek. We also inspected the water <br />well for the Hayes residence, which is an alluvial well located on <br />Fish Creek. This well provides all but drinking water to the <br />residence. A seismograph has been set up near the trailer by the <br />U.S. Bureau of Mines to attempt to produce a detailed record of <br />future seismic events should they occur. This equipment was <br />installed by Mr. Peter Swanson on August 2, 1994 and results of <br />monitoring to-date are not yet available. We then proceeded inside <br />the residence to continue our discussions. <br />Your concerns as I understand them are as follows: <br />* How can your home be stabilized to prevent future damage? <br />* Could this affect your 25 year home warranty? <br />* Could this affect future land value? <br />* Could your ability to establish a deep ground water well be <br />impaired? <br />The Rules and Regulations which govern coal mining are clear; coal <br />mining may not cause damage or diminution of use which cannot be <br />economically or technologically repaired or restored to a condition <br />which existed prior to mining. This applies to the permit area as <br />well as the area adjacent to the permit area. Although your <br />property is some 1500-2000 feet outside of the area subject to <br />surface subsidence, it is well within the Foidel Creek mine permit <br />area. Therefore, mining impacts and/or effects of subsidence must <br />be mitigated by Twentymile Coal Company. <br />The Division believes at this time your home could be stabilized to <br />prevent future damage using existing technology. We cannot <br />speculate on whether this would affect your warranty or the future <br />re-sale value of your property. Both of these possible impacts <br />would require an affirmative demonstration at some time in the <br />future. It is unlikely your ability to establish a deep groundwater <br />well would be affected but this is difficult to determine unless we <br />are able to monitor an existing well on your property. Other water <br />monitoring in the vicinity should provide some indication should <br />changes in the groundwater regime occur. <br />Summary <br />It is our understanding that you <br />discussing potential options wit <br />the outcome of those options will <br />the Division will do, we will <br />agreements, if any, you reach <br />monitoring and mitigation plans. <br />have sought legal advice and are <br />h Twentymile Coal Company. Since <br />determine to a great extent what <br />await word from you on final <br />with TCC before proceeding with <br />