
DAN CEPEDA 'Tree Street' residents Becky Kelley and Donna Maynard talk with Gov. Matt Mead after Mead's first-ever State of the State address on Wednesday at the Wyoming State Capitol in Cheyenne. This is the fourth consecutive legislative session that Kelley and Maynard have attended as they try to get compensation for homes they say were damaged by dynamic compaction in Rock Springs. (Dan Cepeda/Star-Tribune)
By JEFF GEARINO - Southwest Wyoming bureau trib.com | Posted: Saturday, January 15, 2011 1:15 am
GREEN RIVER -- For four consecutive legislative sessions, two Rock Springs residents have been using any means they can to catch the attention of lawmakers while they wait for the state to pay for repairs to their homes they say were damaged by a controversial mine subsidence project in 2007.
"Tree Street" homeowners Becky Kelley and Donna Maynard prowled the State Capitol halls in Cheyenne most of this week, both sporting bright orange buttons on their lapels.
The button shows a crane with a heavy weight suspended over a cracked and skewed house, superimposed over a boxing glove.
"Dynamic Compaction July 2007" is written in capital letters across the button, along with "state-funded pilot project wrecked our homes."
The ill-fated project conducted by the Wyoming Abandoned Mine Lands Division -- which aimed to free vacant lands in the city that could be used to build affordable housing
-- employed a new subsidence process known as dynamic compaction.
Dynamic compaction involved dropping 25- and 35-ton weights over undermined areas to collapse the underground mine voids on a vacant tract of land near the Tree Street neighborhood.
But the project ended up damaging nearly 20 homes in the area, residents claim.
Since then, more than a dozen homeowners in the neighborhood have been battling the state after residents rejected the state's first settlement offers in 2008.
Homeowners had hoped that reinspections by a Colorado-based engineering firm this summer would serve as the basis for new settlement offers from Wyoming Attorney General Bruce Salzburg.
But Salzburg said in November there would be no new offers to residents based on the reinspections. Salzburg said he could find no basis in the engineer's report upon which to make any settlement offers to residents.
Kelley, the unofficial spokeswoman for the Tree Street residents, said she and other homeowners continue to be frustrated with the slow pace of the resolution process.
She and Maynard spent this week meeting with lawmakers, with new Gov. Matt Mead and just about anyone who would listen to them.
"I truly believe things are going to start turning around ... we're still hoping for some relief from the legislators this session," Kelley said.
"I sure pray Gov. Mead comes through for us ... hopefully, we'll have some answers soon," she said.
Kelley said she and other homeowners continue to experience new damage from subsidence, which they believe is caused by residual effects from the dynamic compaction project.
She said gauges installed by AML engineers in and around her home continue to show movement.
In recent months, several window panes have broken at her home on Ash Street and new cracks have appeared in the driveway. "It's spooky," she said.
Kelley said if a legislative solution can't be reached, then residents will pin their hopes on a lawsuit filed by 15 plaintiffs against the state of Wyoming in Sweetwater County District Court in Green River in July.
Heard the frustration
On Jan. 27 -- at the invitation of Kelley, Maynard and other Tree Street residents -- then-Republican gubernatorial candidate Mead toured four homes and an apartment complex to get a firsthand look at the damage they say was caused by the dynamic compaction project.
Like other lawmakers who toured the homes, Mead said at the time he was stunned by what he saw.
The rancher, who served as U.S. Attorney for Wyoming from 2001 to 2007, urged residents to continue to inform the public of their plight and to keep fighting for a fair and equitable solution from the state.
"Having seen five damaged structures first-hand, I acknowledge the hardship to you ... and the time that has elapsed without getting anything resolved with the state," Mead wrote in a follow-up letter to residents dated Feb. 24.
"I have seen the damage ... I have heard the frustration," Mead wrote.
"I see the considerable time the state has spent on the matter; and certainly all parties need finality and a conclusion to this difficult matter," he said. "The time for resolution is now."
Mead offered several suggestions concerning his "view of things that could be done" to help resolve the issue.
Mead told residents decision-makers from the state should first tour the area to see the damaged homes.
Second, "fair current damage assessment (including effects of any continued ground movements) and mediation processes should be agreed upon and undertaken expeditiously, followed by a speedy process to make the landowners whole as a result of the dynamic compaction project," he wrote.
Mead also urged property owners to keep "public focus" on the matter pending a satisfactory resolution and to continue their efforts for assistance through legislation.
"The state should have a plan for the future, which at a minimum requires notice to nearby landowners before similar remediation efforts are ever done -- we don't want others to endure this misery," the letter said.
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
RELATED STORY
About the dynamic compaction project
More than a dozen residents of the "Tree Street" neighborhood in downtown Rock Springs have been seeking relief from state government over a controversial mine subsidence project conducted during the summer of 2007.
The project was the result of a decade-long search by city officials to free previously undeveloped lands for much-needed housing projects. But most of the vacant lands in the city are located over old, underground mine voids.
State Department of Environmental Quality rules forbid the agency's Abandoned Mine Land Division from conducting any subsidence mitigation work on undeveloped lands.
So the city sought and received special permission from then-Gov. Dave Freudenthal and the AML to conduct a special reclamation project within a 61-acre tract identified by city officials as most suitable.
A key component of the project was the use of a pilot reclamation technique known as dynamic compaction.
For three weeks beginning in late July 2007, cranes pounded the ground with 25- and 35-ton weights to collapse the underground mine voids on the vacant tract of land, which borders the Tree Street neighborhood.
Contractors dropped the huge weights more than 2,000 times before the project was halted in mid-August after complaints from residents.
Homeowners contended the shock waves from the ground pounding shook houses, severely damaged many homes in the area and needlessly accelerated ongoing subsidence in the neighborhood.
AML officials said at the time they would pay for any damage to homes resulting from the dynamic compaction portion of the project.
The state sent in engineers to assess the 19 damage claims filed by homeowners under a settlement process established by the AML Division. The state then sent settlement offers to each homeowners based on the engineer's report.
So far, only three homeowners have accepted the offers. The other homeowners believe the offer was way too low and would not adequately compensate residents for needed repairs to homes.
In May, state-contracted engineers performed a second round of inspections on the damaged homes at the behest of Wyoming legislators. State lawmakers allocated $120,000 to pay for the new damage assessments of the homes.
But the final engineers' report from the reinspections of homes didn't support making new offers to homeowners to pay for repairs, according to state officials.
The report said it was plausible, but not likely that the dynamic compaction portion of the project caused the damage to Tree Street homes.
-- Jeff Gearino