Engineers complete reinspections of damaged Rock Springs homes
By JEFF GEARINO - Southwest Wyoming bureau trib.com | Posted: Sunday, September 26, 2010 1:15 am
GREEN RIVER -- The final engineers' reports from the reinspections of more than a dozen Rock Springs homes damaged from a controversial 2007 mine subsidence project were delivered to the state last week, homeowners say.
The reinspections by the Centennial, Colo.-based J.A. Cesare and Associates are expected to serve as the basis for new settlement offers from Wyoming Attorney General Bruce Salzburg, where warranted.
More than a dozen residents in the downtown "Tree Street" neighborhood have been battling the state's Abandoned Mine Lands Division over the new inspections after rejecting the state's first settlement offers in 2008. Homeowners on a half-dozen streets in the downtown neighborhood contend their houses were severely damaged during a three-week subsidence project by the AML Division in July 2007 that employed a pilot mine reclamation technique known as dynamic compaction.
Using dynamic compaction, contractors dropped 25-ton and 35-ton weights repeatedly over old underground mine voids on a vacant lot adjacent to the neighborhood. The project ran for nearly three weeks until homeowners' complaints about the damage halted the project.
Homeowners said the vibrations cracked driveways and foundations, ceilings and walls, caused gaps in windows and doors, and opened sinkholes in some yards, among other damage.
Tree Street spokeswoman Becky Kelley said Friday the homeowners hope the latest engineering reports from Cesare will reveal the true extent of the damage and result in better settlement offers from the state.
"I'm so hoping that these new reports say what we've said all along ... that these homes are severely damaged (from the project) and they should be replaced," she said.
"We're all living in homes that are basically a hazard now ... and the state should be up front and take care of us the way they promised they would," Kelley said.
AML spokesman Keith Guille was not available for comment Friday.
Engineering teams with J.A. Cesare and Associates reinspected about a dozen of the damaged homes and a nearby apartment complex from top to bottom in May. DEQ officials say the reinspections should result in new offers that more fairly compensate homeowners for damage from the dynamic compaction portion of the project.
State officials say a lack of baseline information about homes and buildings surrounding the project site -- including the low-income Springview Manors Apartment complex -- made it difficult for the first engineering inspections in 2008. The engineers were unable to fully discern what was damage from the dynamic compaction project and what was damage that was to be expected from normal subsidence.
Most homeowners rejected the state's first settlement offers as way too low to adequately pay for much-needed repairs.
So a deal was brokered this spring -- with help from Sweetwater County's legislative delegation -- to reinspect the homes using $120,000 allocated by state lawmakers during the 2010 session.
No sell
Kelley said most homeowners are at the point now where they just want to move out of the neighborhood because of the fears of ongoing subsidence caused by the project and the occasional new damage they're still discovering as a result.
She said the homeowners worry the estimated cost of repairing their homes -- and the new settlement offers -- could end up being higher than the appraised value of the residences.
"Basically I just want to be bought out so I can go ... because I don't want to be on this land any more, and I think we all feel that way," Kelley said in a phone interview.
"I think we're all just hoping this (next settlement offer) will be enough so that we can maybe relocate someplace else," she said.
"We all know that nobody will want to buy up there .... none of us will ever be able to sell our homes now," Kelley said.
But AML officials say there are no provisions in state rules that allow the agency to purchase land or homes, and that buying damaged homes outright is not a viable option.
The federal AML program taxes coal production to raise money to clean up abandoned coal mine sites and for other projects. In Wyoming, the funds have gone to clean up old mines as well as to projects related to coal gasification, carbon sequestration and the University of Wyoming School of Energy Resources.
Congress passed the Surface Mining Control and Reclamation Act in 1997. Wyoming has received about $600 million in AML funds since then.
The federal government still collects a 35-cent tax on each ton of coal produced in the state for the AML fund.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
Comments:
at0mic said on: September 26, 2010, 10:47 am
Oh Ralph...That was excellent!!! I am still laughing. Your exactly right though. Great post.
Ralph said on: September 26, 2010, 7:26 am
Is this the FINAL final inspection or the intermediate final inspection based on a future final inspection?
The people must work with the natrona country school district. Fund another study to determine if a study is needed.
Whatever happened to common sense?
America - what a country!!!
Todd said on: September 26, 2010, 6:54 am
How much money has the state spent already inspecting and reinspecting instead of just bying the houses and being done wiht it or at the very least spending whatever it takes to fix them. Let's hope no more years go by doing more inspections and BSing without doing anything.
Sunday, September 26, 2010
new damage
Tuesday, September 7, 2010
OWNERS OF DAMAGED ROCK SPRINGS HOMES PIN HOPES ON REINSPECTIONS
GREEN RIVER -- Bill Spillman remembers the day in August 2007 when his house's foundation broke apart a few weeks after a controversial mine subsidence project near his home ended.
Spillman bought his modest home on Converse Court in 2004 near the "Tree Street" neighborhood, and the 30-year old house had never experienced subsidence problems before.
He believes the "dynamic compaction" portion of the mine subsidence project -- which included dropping multi-ton weights to collapse old mine voids in the area -- literally "blew apart" his foundation.
Spillman's home still hasn't been fixed. And now his family room floor is cracking as well.
"It looks like something tried to come up from underneath ... and just shattered the whole floor," he said in an e-mail last week.
"The concrete slab underneath is spider-webbed with a bunch of full, thick cracks that runs from wall to wall," Spillman said.
"Some of the cracks are 11 feet by 8 feet and go underneath the carpet I haven't lifted up yet," he said. "I think this pretty much totals this house."
Frustrated and angry, homeowners including Spillman in the downtown Rock Springs neighborhood say they are still waiting for the latest engineering reports from state-contracted engineers so their houses can finally be fixed.
Engineering teams with J.A. Cesare and Associates of Centennial, Colo., reinspected more than a dozen of the damaged homes in May. The inspection reports are expected to serve as the basis for new settlement offers from the state to repair damage from the ill-fated mine subsidence project in 2007.
Spillman and more than a dozen other area homeowners have been fighting the state over the new inspections after rejecting the state's first settlement offers in 2008 to repair damaged homes.
Homeowners contend the state's first offers were way too low to adequately pay for much-needed repairs.
Tree Street unofficial group spokeswoman Becky Kelley said homes in the area are continuing to experience damage, which homeowners attribute to accelerated subsidence from the dynamic compaction.
She said homeowners are still pinning their hopes on an equitable settlement as a result of the reinspections, which residents believe will finally reveal the true extent of the damage caused by the project.
"Here we sit going into our fourth winter with our wrecked homes," Kelley said.
"We are all continuing to have more problems ... I can hear the ground grumbling beneath me (most days) and houses are continuing to move and crack," Kelley said.
"They keep telling us to hang on ... but we want to see what those reports have to say," she said.
AML spokesman Keith Guille said Friday the report "is close" to being completed and delivered to the agency.
"Obviously I'm sure everybody is very anxious, as are we," he said.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
About the project
More than a dozen residents of the "Tree Street" neighborhood in downtown Rock Springs have been battling state government over a controversial mine subsidence project conducted during the summer of 2007.
City officials had been working for years to free up 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 Gov. Dave Freudenthal and the AML Division 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-ton 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 damaged 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 during the 2010 session to pay for the new damage assessments of the homes.
AML officials have said the offers should fairly compensate homeowners for damage form the dynamic compaction. AML officials said they will make new offers based on the latest engineer's report where warranted.
Spillman bought his modest home on Converse Court in 2004 near the "Tree Street" neighborhood, and the 30-year old house had never experienced subsidence problems before.
He believes the "dynamic compaction" portion of the mine subsidence project -- which included dropping multi-ton weights to collapse old mine voids in the area -- literally "blew apart" his foundation.
Spillman's home still hasn't been fixed. And now his family room floor is cracking as well.
"It looks like something tried to come up from underneath ... and just shattered the whole floor," he said in an e-mail last week.
"The concrete slab underneath is spider-webbed with a bunch of full, thick cracks that runs from wall to wall," Spillman said.
"Some of the cracks are 11 feet by 8 feet and go underneath the carpet I haven't lifted up yet," he said. "I think this pretty much totals this house."
Frustrated and angry, homeowners including Spillman in the downtown Rock Springs neighborhood say they are still waiting for the latest engineering reports from state-contracted engineers so their houses can finally be fixed.
Engineering teams with J.A. Cesare and Associates of Centennial, Colo., reinspected more than a dozen of the damaged homes in May. The inspection reports are expected to serve as the basis for new settlement offers from the state to repair damage from the ill-fated mine subsidence project in 2007.
Spillman and more than a dozen other area homeowners have been fighting the state over the new inspections after rejecting the state's first settlement offers in 2008 to repair damaged homes.
Homeowners contend the state's first offers were way too low to adequately pay for much-needed repairs.
Tree Street unofficial group spokeswoman Becky Kelley said homes in the area are continuing to experience damage, which homeowners attribute to accelerated subsidence from the dynamic compaction.
She said homeowners are still pinning their hopes on an equitable settlement as a result of the reinspections, which residents believe will finally reveal the true extent of the damage caused by the project.
"Here we sit going into our fourth winter with our wrecked homes," Kelley said.
"We are all continuing to have more problems ... I can hear the ground grumbling beneath me (most days) and houses are continuing to move and crack," Kelley said.
"They keep telling us to hang on ... but we want to see what those reports have to say," she said.
AML spokesman Keith Guille said Friday the report "is close" to being completed and delivered to the agency.
"Obviously I'm sure everybody is very anxious, as are we," he said.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
About the project
More than a dozen residents of the "Tree Street" neighborhood in downtown Rock Springs have been battling state government over a controversial mine subsidence project conducted during the summer of 2007.
City officials had been working for years to free up 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 Gov. Dave Freudenthal and the AML Division 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-ton 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 damaged 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 during the 2010 session to pay for the new damage assessments of the homes.
AML officials have said the offers should fairly compensate homeowners for damage form the dynamic compaction. AML officials said they will make new offers based on the latest engineer's report where warranted.
Sunday, September 5, 2010
Wednesday, July 28, 2010
New Reading on Becky's Gas monitor
I WAS CALLED HOME TODAY, BECAUSE MY NEW GAS MONITOR THAT THE
FIRE DEPARTMENT GAVE ME WAS GOING OFF. I GUESS IT WENT OFF FOR ABOUT
30-45 MINUTES BEFORE I GOT HOME.
WELL HERE IS WHAT IT RECORDED IN THE BACK OF MY HOUSE.
"343!!!"
ALSO THE ONE I HAVE ABOVE THE FIRE DEPT. MONITOR
RECORDED "219." THE ONE IN MY BEDROOM RECORDED "211."
PLEASE BE AWARE OF THE BAROMETRIC TEMPERATURE, IT DOES HAVE A LOT TO DO WITH
THE UNDERGROUND MINES AND MINE GASES RISING.
HEADACHES, AND STOMACH PAINS CAN BE CAUSED BY SLOW SEEPING GAS.
DON'T DISMISS THESE SYMPTOMS. PLEASE GET A GAS MONITOR FOR YOUR HOMES!!
Saturday, July 17, 2010
New Sinkhole Opening UP!!!!
Wednesday, June 23, 2010
Sunday, May 23, 2010
RUDE AWAKENING
Tuesday, May 18, 2010
A letter from Congressman Cynthia Lummis
Becky got this from Congressman Cynthia Lummis, and was wondering what everyone thought about these issues. Please feel free to comment.
I would like to hear your ideas and concerns for America’s future.
I believe that by recommitting ourselves to government of the people - federal policy driven by every day Americans and not by Washington, D.C. insiders – to protect our liberty, revitalize our economy and restore our economic and personal freedom is the best policy. Please share your ideas and concerns so that I may better represent you in Congress. I hope to enlist thousands of Wyomingites' common sense ideas into my work in Congress.
Please forward this email to your friends and family, as we need to involve as many Wyomingites as possible.
Sincerely,
Congressman Cynthia Lummis
This is what I think Congress should prioritize
Please rate the following issues you think Congress needs to address on a scale of 1-6, 1 being most important.
Jobs
Taxes (estate tax, flat tax, fair tax, VAT, capital gains tax etc…)
Cut Federal Spending/Balance the Budget
Border Security
Debt (Medicare and Social Security Reform)
Health Care Reform
I would like to hear your ideas and concerns for America’s future.
I believe that by recommitting ourselves to government of the people - federal policy driven by every day Americans and not by Washington, D.C. insiders – to protect our liberty, revitalize our economy and restore our economic and personal freedom is the best policy. Please share your ideas and concerns so that I may better represent you in Congress. I hope to enlist thousands of Wyomingites' common sense ideas into my work in Congress.
Please forward this email to your friends and family, as we need to involve as many Wyomingites as possible.
Sincerely,
Congressman Cynthia Lummis
This is what I think Congress should prioritize
Please rate the following issues you think Congress needs to address on a scale of 1-6, 1 being most important.
Jobs
Taxes (estate tax, flat tax, fair tax, VAT, capital gains tax etc…)
Cut Federal Spending/Balance the Budget
Border Security
Debt (Medicare and Social Security Reform)
Health Care Reform
Please send your well wishes and prayers to the Liggett Family
Everyone,
Please keep the Liggett Family in your thoughts and prayers. John is in the hospital.
Megan, if you need anything, please let us know by emailing Becky.
Please keep the Liggett Family in your thoughts and prayers. John is in the hospital.
Megan, if you need anything, please let us know by emailing Becky.
Sunday, May 16, 2010
Becky's monitor
Wednesday, May 12, 2010
Home reinspections end; 'Tree Street' residents hopeful
Homeowners anxious to receive adequate compensation for damages from state
By JEFF GEARINO - Southwest Wyoming bureau | Posted: Tuesday, May 11, 2010 1:00 am
ROCK SPRINGS -- "Tree Street" residents are brimming with hope now that engineering teams have completed reinspections of the damage to their homes caused by a controversial 2007 subsidence project.
More than a dozen residents in the downtown Rock Springs neighborhood have been battling the state over the new inspections after rejecting Wyoming Attorney General Bruce Salzburg's first settlement offer in 2008 to repair damages.
Homeowners contend the state's first offers were way too low to adequately pay for much-needed repairs.
The reinspections wrapped up Friday and will serve as the basis for new settlement offers from the attorney general. Tree Street homeowners hope the next offers will more fairly compensate them for damage repairs.
"It took two years to get them here ... and I think we all breathed a sigh of relief" when the inspections were completed, Tree Street spokeswoman Becky Kelley said.
"I honestly think there will be some good reports coming back," she said.
Kelley said the engineers looked 14 homes, a church and an apartment complex during the week-long inspections that began May 3.
"These engineers seemed to have it together ... they're known for this kind of work," Kelley said. "So now we sit back and wait to see what happens next."
State officials contracted with J.A. Cesare and Associates of Centennial, Colo., last month to perform a second round of engineering inspections.
The Wyoming Legislature approved a budget amendment this past session that directed $120,000 for the hiring of a qualified structural engineer to perform the new damage assessments.
Fair compensation
The Tree Street homes were damaged during the mine subsidence project that was conducted by the Wyoming Department of Environmental Quality's Abandoned Mine Lands Division beginning in late July 2007.
The project aimed to free vacant lands for new housing on a nearby tract of land that had been previously precluded for development because of past mine subsidence issues.
At the city's request, the state devised a reclamation plan that included the use of a pilot subsidence technique known as dynamic compaction.
For three weeks, state contractors dropped 25- and 35-ton weights several thousand times on the tract to collapse the old underground mine voids.
But soon after, Tree Street residents began complaining about major damage to homes, foundations, fences, decks, driveways, windows, doors, floors and other areas.
The state and DEQ officials have maintained the offers should fairly compensate homeowners for damage from the dynamic compaction portion of the project.
State officials said a lack of baseline information about homes and buildings surrounding the project site made it difficult for the first engineering inspections conducted in 2008 to discern what was damage from the dynamic compaction and what was damage that was to be expected from normal subsidence in the neighborhood.
Kelley said homeowners have not discounted further legal action if the new settlement offers fail to adequately pay for the repairs of damaged homes.
Attorneys for the Tree Street residents filed lawsuits in Sweetwater County District Court in July against two of the state's consulting engineers who had done work for the AML related to the dynamic compaction project.
"If the attorney general chooses not to increase the settlement offers, then we'll have the [new inspection] reports to take to court," she said.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp
By JEFF GEARINO - Southwest Wyoming bureau | Posted: Tuesday, May 11, 2010 1:00 am
ROCK SPRINGS -- "Tree Street" residents are brimming with hope now that engineering teams have completed reinspections of the damage to their homes caused by a controversial 2007 subsidence project.
More than a dozen residents in the downtown Rock Springs neighborhood have been battling the state over the new inspections after rejecting Wyoming Attorney General Bruce Salzburg's first settlement offer in 2008 to repair damages.
Homeowners contend the state's first offers were way too low to adequately pay for much-needed repairs.
The reinspections wrapped up Friday and will serve as the basis for new settlement offers from the attorney general. Tree Street homeowners hope the next offers will more fairly compensate them for damage repairs.
"It took two years to get them here ... and I think we all breathed a sigh of relief" when the inspections were completed, Tree Street spokeswoman Becky Kelley said.
"I honestly think there will be some good reports coming back," she said.
Kelley said the engineers looked 14 homes, a church and an apartment complex during the week-long inspections that began May 3.
"These engineers seemed to have it together ... they're known for this kind of work," Kelley said. "So now we sit back and wait to see what happens next."
State officials contracted with J.A. Cesare and Associates of Centennial, Colo., last month to perform a second round of engineering inspections.
The Wyoming Legislature approved a budget amendment this past session that directed $120,000 for the hiring of a qualified structural engineer to perform the new damage assessments.
Fair compensation
The Tree Street homes were damaged during the mine subsidence project that was conducted by the Wyoming Department of Environmental Quality's Abandoned Mine Lands Division beginning in late July 2007.
The project aimed to free vacant lands for new housing on a nearby tract of land that had been previously precluded for development because of past mine subsidence issues.
At the city's request, the state devised a reclamation plan that included the use of a pilot subsidence technique known as dynamic compaction.
For three weeks, state contractors dropped 25- and 35-ton weights several thousand times on the tract to collapse the old underground mine voids.
But soon after, Tree Street residents began complaining about major damage to homes, foundations, fences, decks, driveways, windows, doors, floors and other areas.
The state and DEQ officials have maintained the offers should fairly compensate homeowners for damage from the dynamic compaction portion of the project.
State officials said a lack of baseline information about homes and buildings surrounding the project site made it difficult for the first engineering inspections conducted in 2008 to discern what was damage from the dynamic compaction and what was damage that was to be expected from normal subsidence in the neighborhood.
Kelley said homeowners have not discounted further legal action if the new settlement offers fail to adequately pay for the repairs of damaged homes.
Attorneys for the Tree Street residents filed lawsuits in Sweetwater County District Court in July against two of the state's consulting engineers who had done work for the AML related to the dynamic compaction project.
"If the attorney general chooses not to increase the settlement offers, then we'll have the [new inspection] reports to take to court," she said.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp
Wednesday, April 28, 2010
'Tree Street' residents eagerly await word from engineers on extent of damage to homes caused by dynamic compaction
Reinspections begin Monday
By JEFF GEARINO - Southwest Wyoming bureau | Posted: Wednesday, April 28, 2010 12:15 am
Bill Spillman of Rock Springs points to the crack in the foundation of his home on Converse Court near the 'Tree Street' neighborhood in December 2008. Spillman's home and more than a dozen more in the area will receive new engineering inspections beginning next week to determine the extent of the damage done by a 2007 mine subsidence project. (Jeff Gearino/Star-Tribune
ROCK SPRINGS -- New engineering inspections of the "Tree Street" neighborhood homes allegedly damaged by a 2007 mine subsidence project will begin Monday, according to state officials and residents.
State officials signed a contract on March 25 with J.A. Cesare and Associates of Centennial, Colo., to perform the second engineering inspections on the downtown Rock Springs homes.
More than a dozen homeowners have been battling the state over the new inspections after rejecting the state's first settlement offers to repair the damages.
Homeowners contend the state's first offers were way too low to adequately pay for the much-needed repairs.
Wyoming Attorney General Bruce Salzburg notified the residents' attorney in an e-mail Friday that the available dates for the inspections will be May 3-8 and May 16-19.
"If possible, we would like to complete all of the inspections within a single time frame," Salzburg told Evanston attorney Tony Vehar.
Tree Street spokeswoman Becky Kelley said homeowners hope the new inspections will finally reveal the true extent of damage caused by the pilot project.
The project included a ground-pounding reclamation technique known as dynamic compaction, which had never been used in Wyoming.
Kelley said many homeowners continue seeing new damage that they believe has been accelerated by the dynamic compaction project.
The Wyoming Legislature approved a budget amendment this past session that directs $120,000 for the hiring of a "qualified" engineer to perform new assessments of the damaged homes.
The reinspections are expected to serve as the basis for new settlement offers from the Wyoming Department of Environmental Quality's Abandoned Mine Land Division and the attorney general.
DEQ officials have said that the offers should fairly compensate homeowners for damage from the dynamic compaction portion of the project.
State officials contend, however, that a lack of baseline information about homes and buildings surrounding the project has made it difficult for engineers to determine if the damage was because of the subsidence that has historically occurred in the area, or the dynamic compaction project.
Salzburg said JaNell Hunter of the Rock Springs AML office is in the process of contacting homeowners to schedule the new inspections by Cesare and Associates and their consulting structural engineer, J.R. Harris and Co.
Old mine voids
Rock Springs was built around coal mines, which were first developed in the 1880s to supply the Union Pacific Railroad. More than 100 million tons of coal was mined in and around Rock Springs over the next century.
One result is that many miles of underground mine tunnels traverse underneath most homes in the city.
At the city's request, the state initiated a mine subsidence project in July 2007 that aimed to free vacant land on a tract next to the Tree Street neighborhood for much-needed affordable housing.
The land previously could not be developed because of past mine subsidence issues, but the state devised a plan to use the dynamic compaction reclamation technique.
For three weeks beginning July 17, 2007, AML contractors dropped 35- and 25-ton weights more than 2,300 times over undermined areas in the tract to collapse the mine voids.
Homeowners' complaints about damage halted the project. Residents said the vibrations shook homes; cracked driveways, foundations, ceilings, walls, roofs and windows, and did other major damage.
The state sent in engineers to assess 19 damage claims submitted by residents and followed with its first settlement offers in 2008.
Last month, state-contracted engineers from Colorado-based Tetra Tech Inc. resumed an investigative drilling program in the neighborhood.
The drilling aims to help determine the exact cause of the continuing underground movement in the Tree Street neighborhood and what mitigation measure will be required to stop it. The firm is expected to have a final report on the drilling completed by the fall.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
By JEFF GEARINO - Southwest Wyoming bureau | Posted: Wednesday, April 28, 2010 12:15 am
Bill Spillman of Rock Springs points to the crack in the foundation of his home on Converse Court near the 'Tree Street' neighborhood in December 2008. Spillman's home and more than a dozen more in the area will receive new engineering inspections beginning next week to determine the extent of the damage done by a 2007 mine subsidence project. (Jeff Gearino/Star-Tribune
ROCK SPRINGS -- New engineering inspections of the "Tree Street" neighborhood homes allegedly damaged by a 2007 mine subsidence project will begin Monday, according to state officials and residents.
State officials signed a contract on March 25 with J.A. Cesare and Associates of Centennial, Colo., to perform the second engineering inspections on the downtown Rock Springs homes.
More than a dozen homeowners have been battling the state over the new inspections after rejecting the state's first settlement offers to repair the damages.
Homeowners contend the state's first offers were way too low to adequately pay for the much-needed repairs.
Wyoming Attorney General Bruce Salzburg notified the residents' attorney in an e-mail Friday that the available dates for the inspections will be May 3-8 and May 16-19.
"If possible, we would like to complete all of the inspections within a single time frame," Salzburg told Evanston attorney Tony Vehar.
Tree Street spokeswoman Becky Kelley said homeowners hope the new inspections will finally reveal the true extent of damage caused by the pilot project.
The project included a ground-pounding reclamation technique known as dynamic compaction, which had never been used in Wyoming.
Kelley said many homeowners continue seeing new damage that they believe has been accelerated by the dynamic compaction project.
The Wyoming Legislature approved a budget amendment this past session that directs $120,000 for the hiring of a "qualified" engineer to perform new assessments of the damaged homes.
The reinspections are expected to serve as the basis for new settlement offers from the Wyoming Department of Environmental Quality's Abandoned Mine Land Division and the attorney general.
DEQ officials have said that the offers should fairly compensate homeowners for damage from the dynamic compaction portion of the project.
State officials contend, however, that a lack of baseline information about homes and buildings surrounding the project has made it difficult for engineers to determine if the damage was because of the subsidence that has historically occurred in the area, or the dynamic compaction project.
Salzburg said JaNell Hunter of the Rock Springs AML office is in the process of contacting homeowners to schedule the new inspections by Cesare and Associates and their consulting structural engineer, J.R. Harris and Co.
Old mine voids
Rock Springs was built around coal mines, which were first developed in the 1880s to supply the Union Pacific Railroad. More than 100 million tons of coal was mined in and around Rock Springs over the next century.
One result is that many miles of underground mine tunnels traverse underneath most homes in the city.
At the city's request, the state initiated a mine subsidence project in July 2007 that aimed to free vacant land on a tract next to the Tree Street neighborhood for much-needed affordable housing.
The land previously could not be developed because of past mine subsidence issues, but the state devised a plan to use the dynamic compaction reclamation technique.
For three weeks beginning July 17, 2007, AML contractors dropped 35- and 25-ton weights more than 2,300 times over undermined areas in the tract to collapse the mine voids.
Homeowners' complaints about damage halted the project. Residents said the vibrations shook homes; cracked driveways, foundations, ceilings, walls, roofs and windows, and did other major damage.
The state sent in engineers to assess 19 damage claims submitted by residents and followed with its first settlement offers in 2008.
Last month, state-contracted engineers from Colorado-based Tetra Tech Inc. resumed an investigative drilling program in the neighborhood.
The drilling aims to help determine the exact cause of the continuing underground movement in the Tree Street neighborhood and what mitigation measure will be required to stop it. The firm is expected to have a final report on the drilling completed by the fall.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
Monday, April 26, 2010
Sink Hole #2 in Shafe's Backyard
Wednesday, April 14, 2010
Tuesday, April 6, 2010
Just to let everyone know
Friday, March 26, 2010
'Tree Street' reinspections set'
State selects engineering firm to study potential impact of dynamic compaction project on homes
By JEFF GEARINO - Southwest Wyoming bureau | Posted: Friday, March 26, 2010 1:00 am
Neighbor Becky Kelley examines a gauge as Ron Child looks at his home in Rock Springs late last year. The house is one of several in Rock Springs' 'Tree Street' area damaged by the state's July 2007 dynamic compaction process, according to homeowners. (Dan Cepeda/Star-Tribune)
ROCK SPRINGS -- State officials and "Tree Street" residents have agreed on the selection of a Colorado engineering firm to begin reinspections of the downtown neighborhood homes allegedly damaged during a 2007 mine subsidence project.
Wyoming Abandoned Mine Lands officials hired J.A. Cesare and Associates, a geotechnical engineering consultant located in Centennial, to perform the new inspections, homeowners said Thursday.
The Wyoming Legislature approved a budget amendment this past session that directs $120,000 to hire a "qualified" engineer to reinspect homes and assess damages.
The bill requires the damage assessments to be completed by the engineers within 90 days.
Based on the findings, Wyoming Attorney General Bruce Salzburg would then be required to provide new settlement offers to homeowners, according to the amendment.
Tree Street neighborhood spokeswoman Becky Kelley said homeowners were eager for the new inspections to begin. She said Cesare was one of two engineering firms that attorneys for the homeowners had recommended.
"We are hoping that Cesare is as good as what we've read about them," Kelley said. "It looks like the attorney general is going to follow through with the plan."
More than a dozen residents contend their homes in the Tree Street neighborhood were damaged during the mine subsidence project, which included an unproven-in-Wyoming pilot reclamation technique known as dynamic compaction.
The project aimed to free vacant lands on a tract adjacent to the neighborhood for much-needed housing that could not be developed because of mine subsidence issues.
For three weeks beginning July 17, 2007, AML contractors dropped 25- and 35-ton weights more than 2,300 times over undermined areas to collapse the underground mine voids.
Homeowners' complaints about damage halted the project.
Residents said vibrations from dynamic compaction shook homes, damaged foundations, cracked driveways, split walls and ceilings, and did other major damage.
The state sent in engineers to assess 19 damage claims submitted by residents and followed with settlement offers. All but two homeowners rejected the state's offer, however, contending it was way too low to adequately pay for repairs.
State officials and attorneys representing the homeowners have been engaged in discussions for more than a year trying to finalize the details of a mediated agreement that would lead to the new inspections.
AML spokesman Keith Guille did not return a phone call from the Star-Tribune by late Thursday afternoon.
In a Tuesday e-mail shared by Rep. Joe Barbuto, D-Rock Springs, Salzburg confirmed the hiring of Cesare and said the firm is planning to complete the work within the 90-day time period if at all possible.
"I will consider the report from Cesare and decide whether or not any new offers are appropriate," Salzburg wrote Barbuto.
AML officials also recently hired state-contracted engineers from Colorado-based Tetra Tech Inc. to resume an investigative drilling project this month in the neighborhood.
Their mission is to help determine the exact cause of the underground movement that continues to plague the Tree Street neighborhood and what mitigation measures will be required to stop it.
The new investigative drilling at various locations in the neighborhood is being conducted to supplement data previously collected in the area.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
Posted in State-and-regional on Friday, March 26, 2010 1:00 am
By JEFF GEARINO - Southwest Wyoming bureau | Posted: Friday, March 26, 2010 1:00 am
Neighbor Becky Kelley examines a gauge as Ron Child looks at his home in Rock Springs late last year. The house is one of several in Rock Springs' 'Tree Street' area damaged by the state's July 2007 dynamic compaction process, according to homeowners. (Dan Cepeda/Star-Tribune)
ROCK SPRINGS -- State officials and "Tree Street" residents have agreed on the selection of a Colorado engineering firm to begin reinspections of the downtown neighborhood homes allegedly damaged during a 2007 mine subsidence project.
Wyoming Abandoned Mine Lands officials hired J.A. Cesare and Associates, a geotechnical engineering consultant located in Centennial, to perform the new inspections, homeowners said Thursday.
The Wyoming Legislature approved a budget amendment this past session that directs $120,000 to hire a "qualified" engineer to reinspect homes and assess damages.
The bill requires the damage assessments to be completed by the engineers within 90 days.
Based on the findings, Wyoming Attorney General Bruce Salzburg would then be required to provide new settlement offers to homeowners, according to the amendment.
Tree Street neighborhood spokeswoman Becky Kelley said homeowners were eager for the new inspections to begin. She said Cesare was one of two engineering firms that attorneys for the homeowners had recommended.
"We are hoping that Cesare is as good as what we've read about them," Kelley said. "It looks like the attorney general is going to follow through with the plan."
More than a dozen residents contend their homes in the Tree Street neighborhood were damaged during the mine subsidence project, which included an unproven-in-Wyoming pilot reclamation technique known as dynamic compaction.
The project aimed to free vacant lands on a tract adjacent to the neighborhood for much-needed housing that could not be developed because of mine subsidence issues.
For three weeks beginning July 17, 2007, AML contractors dropped 25- and 35-ton weights more than 2,300 times over undermined areas to collapse the underground mine voids.
Homeowners' complaints about damage halted the project.
Residents said vibrations from dynamic compaction shook homes, damaged foundations, cracked driveways, split walls and ceilings, and did other major damage.
The state sent in engineers to assess 19 damage claims submitted by residents and followed with settlement offers. All but two homeowners rejected the state's offer, however, contending it was way too low to adequately pay for repairs.
State officials and attorneys representing the homeowners have been engaged in discussions for more than a year trying to finalize the details of a mediated agreement that would lead to the new inspections.
AML spokesman Keith Guille did not return a phone call from the Star-Tribune by late Thursday afternoon.
In a Tuesday e-mail shared by Rep. Joe Barbuto, D-Rock Springs, Salzburg confirmed the hiring of Cesare and said the firm is planning to complete the work within the 90-day time period if at all possible.
"I will consider the report from Cesare and decide whether or not any new offers are appropriate," Salzburg wrote Barbuto.
AML officials also recently hired state-contracted engineers from Colorado-based Tetra Tech Inc. to resume an investigative drilling project this month in the neighborhood.
Their mission is to help determine the exact cause of the underground movement that continues to plague the Tree Street neighborhood and what mitigation measures will be required to stop it.
The new investigative drilling at various locations in the neighborhood is being conducted to supplement data previously collected in the area.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
Posted in State-and-regional on Friday, March 26, 2010 1:00 am
Friday, March 12, 2010
comments from the Casper Star Tribune
Independent said on: March 11, 2010, 9:11 am
They should move all the houses from that neighborhood to some stable land then collapse all the voids, level, and stabilize that land before building anything else on it.
john said on: March 11, 2010, 5:38 am
Wouldn't it be cheaper to purchase all the property, raze the houses and build a park?
They should move all the houses from that neighborhood to some stable land then collapse all the voids, level, and stabilize that land before building anything else on it.
john said on: March 11, 2010, 5:38 am
Wouldn't it be cheaper to purchase all the property, raze the houses and build a park?
State resumes search for answers to 'Tree Street' subsidence issues
Drilling for clues in Wyo town
By JEFF GEARINO - Southwest Wyoming bureau | Posted: Thursday, March 11, 2010 12:00 am
ROCK SPRINGS -- There's still a lot of movement in the old underground mine voids beneath the "Tree Street" neighborhood that was beset by damage from an underground mine subsidence project in 2007.
What's causing the movement, however, remains a mystery.
Wyoming Abandoned Mine Lands officials said Wednesday that state-contracted engineers from Colorado-based Tetra Tech Inc. will resume their investigative drilling program in the neighborhood this week. Their mission is to help determine the exact cause of the underground movement and what mitigation measures will be required to stop it.
AML administrator Rick Chancellor said the new investigative drilling at various locations in the neighborhood is being conducted to supplement data previously collected from the area.
Tetra Tech engineers have been working for several years to determine what's going on in the old mine workings, tunnels and voids scattered beneath the neighborhood.
"It's a complicated (picture) underground, and the more information we have, the better we can plan on how to move forward," Chancellor said.
The information gathered from the current investigative drilling will be used to plot the course and method of future mitigation and reclamation efforts in the neighborhood.
"Probably the main thing will be to look at our options and then choose from those options the best way to move forward," Chancellor said. "(Mitigation) may involve a combination of things, but we'll wait for the final (drilling) report and then decide what we can do and where we can do it."
Drilling rigs will be employed along with geophysical evaluations of underground mine workings as part of the new investigative drilling process. Chancellor said the work is expected to continue throughout the summer and fall.
Coal history
Rock Springs was built around coal mines, which were first developed in the 1880s to supply coal to the Union Pacific Railroad.
More than 100 million tons of coal was mined over the next century. One result is that many miles of underground mine tunnels traverse underneath most homes in the city.
More than a dozen homes were damaged by subsidence in the neighborhood during a controversial reclamation project conducted in 2007, which aimed to prepare vacant lands in Rock Springs for much-needed housing development.
The subsidence project involved the use of a pilot technique known as dynamic compaction.
For three weeks beginning in mid-July 2007, cranes pounded the ground with 25- and 35-ton weights in order to collapse the underground mine voids on a tract of land adjacent to the Tree Street neighborhood.
Several weeks into the project, residents complained that the shock waves from the ground pounding shook houses, cracked driveways and foundations, accelerated ongoing subsidence problems and severely damaged many homes.
Wyoming officials have been negotiating with homeowners for more than two years over the state's settlement offers to repair damage from the project.
In the meantime, the AML Division has been conducting subsurface investigative drilling -- which began in the fall of 2007 -- in the neighborhood to determine if any mitigation measures are required
Initial findings
In October, AML officials and engineers reported the initial findings from the first two years of investigative drilling in the neighborhood at a meeting with residents and city officials.
Engineers based their initial findings on samples taken from numerous drill holes, views from downhole cameras, examinations of old mine maps, data from sonar devices, 3-D seismic mapping, visual inspections and old subsidence reports.
The report said the subsidence risk remains high in the neighborhood.
Geological engineers with Tetra Tech told residents they still didn't have an accurate picture of the exact cause of continuing movement in the underground mine voids.
But engineers said they believe there a lot of factors contributing to the neighborhood's subsidence problems, including irregular roof pillars that are prone to collapse, fluctuations in groundwater levels in the abandoned mines, a fault line dissecting underground coal seams, and perhaps even previous mitigation and grouting efforts.
Chancellor said the investigative drilling should be completed by fall, and a final report from Tetra Tech may be available before the end of the year. The information will be the basis for any future mitigation work in the area.
"We're trying to be very careful that we don't jump in there and do something that will cause more problems," Chancellor said. "So we are being very methodical and careful in our investigation to make sure we have good information that will allow us to make a good decision" on what mitigation measures might be required to stabilize the area, he said.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
By JEFF GEARINO - Southwest Wyoming bureau | Posted: Thursday, March 11, 2010 12:00 am
ROCK SPRINGS -- There's still a lot of movement in the old underground mine voids beneath the "Tree Street" neighborhood that was beset by damage from an underground mine subsidence project in 2007.
What's causing the movement, however, remains a mystery.
Wyoming Abandoned Mine Lands officials said Wednesday that state-contracted engineers from Colorado-based Tetra Tech Inc. will resume their investigative drilling program in the neighborhood this week. Their mission is to help determine the exact cause of the underground movement and what mitigation measures will be required to stop it.
AML administrator Rick Chancellor said the new investigative drilling at various locations in the neighborhood is being conducted to supplement data previously collected from the area.
Tetra Tech engineers have been working for several years to determine what's going on in the old mine workings, tunnels and voids scattered beneath the neighborhood.
"It's a complicated (picture) underground, and the more information we have, the better we can plan on how to move forward," Chancellor said.
The information gathered from the current investigative drilling will be used to plot the course and method of future mitigation and reclamation efforts in the neighborhood.
"Probably the main thing will be to look at our options and then choose from those options the best way to move forward," Chancellor said. "(Mitigation) may involve a combination of things, but we'll wait for the final (drilling) report and then decide what we can do and where we can do it."
Drilling rigs will be employed along with geophysical evaluations of underground mine workings as part of the new investigative drilling process. Chancellor said the work is expected to continue throughout the summer and fall.
Coal history
Rock Springs was built around coal mines, which were first developed in the 1880s to supply coal to the Union Pacific Railroad.
More than 100 million tons of coal was mined over the next century. One result is that many miles of underground mine tunnels traverse underneath most homes in the city.
More than a dozen homes were damaged by subsidence in the neighborhood during a controversial reclamation project conducted in 2007, which aimed to prepare vacant lands in Rock Springs for much-needed housing development.
The subsidence project involved the use of a pilot technique known as dynamic compaction.
For three weeks beginning in mid-July 2007, cranes pounded the ground with 25- and 35-ton weights in order to collapse the underground mine voids on a tract of land adjacent to the Tree Street neighborhood.
Several weeks into the project, residents complained that the shock waves from the ground pounding shook houses, cracked driveways and foundations, accelerated ongoing subsidence problems and severely damaged many homes.
Wyoming officials have been negotiating with homeowners for more than two years over the state's settlement offers to repair damage from the project.
In the meantime, the AML Division has been conducting subsurface investigative drilling -- which began in the fall of 2007 -- in the neighborhood to determine if any mitigation measures are required
Initial findings
In October, AML officials and engineers reported the initial findings from the first two years of investigative drilling in the neighborhood at a meeting with residents and city officials.
Engineers based their initial findings on samples taken from numerous drill holes, views from downhole cameras, examinations of old mine maps, data from sonar devices, 3-D seismic mapping, visual inspections and old subsidence reports.
The report said the subsidence risk remains high in the neighborhood.
Geological engineers with Tetra Tech told residents they still didn't have an accurate picture of the exact cause of continuing movement in the underground mine voids.
But engineers said they believe there a lot of factors contributing to the neighborhood's subsidence problems, including irregular roof pillars that are prone to collapse, fluctuations in groundwater levels in the abandoned mines, a fault line dissecting underground coal seams, and perhaps even previous mitigation and grouting efforts.
Chancellor said the investigative drilling should be completed by fall, and a final report from Tetra Tech may be available before the end of the year. The information will be the basis for any future mitigation work in the area.
"We're trying to be very careful that we don't jump in there and do something that will cause more problems," Chancellor said. "So we are being very methodical and careful in our investigation to make sure we have good information that will allow us to make a good decision" on what mitigation measures might be required to stabilize the area, he said.
Contact southwest Wyoming bureau reporter Jeff Gearino at (307) 875-5359 or gearino@tribcsp.com
Monday, March 8, 2010
A Thank You from Becky Kelley
March 6, 2010
I’d like to take this time to Thank, all of the wonderful people that have come to our aide in our time of stress and havoc over our homes, better known as, “The Dynamic Compaction, Tree Street People.”
I want to express our gratitude to our very own Representative, Bernadine Craft!! She gave endless hours to our fight, and never wavered in the last 2 1/2 years. She took on our cause, and fought an endless battle for us. She was cornered more then once by Senators as well as the Governor, but stood her ground! She is our very own Joan of Arch! I Hope you know how much we all love ya!
When she needed assistance from a Senator, she sought out Senator John Hastert (Green River) to help with our fight. Senator Hastert stood behind us and pulled in his Representatives as well. They are Representatives: Bill Thompson, (Rita), and Stan Blake. They gave us many hours, they toured our homes. Bill gave us ideas: as the Face book and the Blog which the Shafe’s posted. They both turned out to be very important to post our information, for all to see. Rep. Joe Barbuto took time to take pictures for other legislators to see. To all of you, my dear friends and now I feel family, Thank you. David Miller and Alan Jaggi, Thank you!
I also want to thank Senator Copper from Kemmerer, who wrote a very frustrating, letter to the Governor on behalf of the Tree Street Folks. He stated that we were: “Unjustly characterized as a bunch of people just looking to make a bundle of money off of the government.” In which he stated: “Nothing could be further from the truth.” To which I want to thank you, for that comment, Senator Cooper. All we wanted was to be made whole!!
As I recall there were 60 Representatives that stood up for our cause! Also 20 or 21 Senators that understood and stepped up to the plate as well! Thank you all, from the bottoms of our hearts!!
Now I want to say a special thank you to my friend and reporter, who has stood and reported our plight from day 1!! Jeff Gearino, from the Casper Star Tribune!!He has reported and come to the Tree Streets every time I have called him. He has been honest and open. Come rain, snow, sleet or hail, that man has done them all!! Also the Casper Star Editor and Opinion have been wonderful and behind us all the way. Thank you!
Mark Media, thank you for making the video. Tony and Jim thank you for believing in us!
There are many Folks that we need to thank, two of the Republican Gubernatorial Nominees: Matt Mead and Ron Micheli who came and toured our homes and saw for themselves the disaster we live in.
Also, the Representatives from Senator Barrasso’s, Lummis and Enzi’s Offices.
We are aware that we are only over the first hurdle, but this is a major step for us, and without the help of all of you wonderful people, we might not of gotten this far.
So to all of you, God Bless you, and Thank You for your support and help! Donna thank you for jumping in and helping me! Charlie Love thank you for all your investigations and supporting talks on our behalf.
Most of all, my love, to my husband and family for letting me take the time I needed, to fight this Disaster!
Becky Kelley
I’d like to take this time to Thank, all of the wonderful people that have come to our aide in our time of stress and havoc over our homes, better known as, “The Dynamic Compaction, Tree Street People.”
I want to express our gratitude to our very own Representative, Bernadine Craft!! She gave endless hours to our fight, and never wavered in the last 2 1/2 years. She took on our cause, and fought an endless battle for us. She was cornered more then once by Senators as well as the Governor, but stood her ground! She is our very own Joan of Arch! I Hope you know how much we all love ya!
When she needed assistance from a Senator, she sought out Senator John Hastert (Green River) to help with our fight. Senator Hastert stood behind us and pulled in his Representatives as well. They are Representatives: Bill Thompson, (Rita), and Stan Blake. They gave us many hours, they toured our homes. Bill gave us ideas: as the Face book and the Blog which the Shafe’s posted. They both turned out to be very important to post our information, for all to see. Rep. Joe Barbuto took time to take pictures for other legislators to see. To all of you, my dear friends and now I feel family, Thank you. David Miller and Alan Jaggi, Thank you!
I also want to thank Senator Copper from Kemmerer, who wrote a very frustrating, letter to the Governor on behalf of the Tree Street Folks. He stated that we were: “Unjustly characterized as a bunch of people just looking to make a bundle of money off of the government.” In which he stated: “Nothing could be further from the truth.” To which I want to thank you, for that comment, Senator Cooper. All we wanted was to be made whole!!
As I recall there were 60 Representatives that stood up for our cause! Also 20 or 21 Senators that understood and stepped up to the plate as well! Thank you all, from the bottoms of our hearts!!
Now I want to say a special thank you to my friend and reporter, who has stood and reported our plight from day 1!! Jeff Gearino, from the Casper Star Tribune!!He has reported and come to the Tree Streets every time I have called him. He has been honest and open. Come rain, snow, sleet or hail, that man has done them all!! Also the Casper Star Editor and Opinion have been wonderful and behind us all the way. Thank you!
Mark Media, thank you for making the video. Tony and Jim thank you for believing in us!
There are many Folks that we need to thank, two of the Republican Gubernatorial Nominees: Matt Mead and Ron Micheli who came and toured our homes and saw for themselves the disaster we live in.
Also, the Representatives from Senator Barrasso’s, Lummis and Enzi’s Offices.
We are aware that we are only over the first hurdle, but this is a major step for us, and without the help of all of you wonderful people, we might not of gotten this far.
So to all of you, God Bless you, and Thank You for your support and help! Donna thank you for jumping in and helping me! Charlie Love thank you for all your investigations and supporting talks on our behalf.
Most of all, my love, to my husband and family for letting me take the time I needed, to fight this Disaster!
Becky Kelley
Saturday, March 6, 2010
Update of our Bill
an email from Chris Boswell was sent to Becky.
The governor signed the budget bill at nine o'clock this morning.That bill includes the language concerning the dynamic compaction-related evaluations.Take care.ChrisWY.
GOVERNOR SIGNS LAW ADOPTING COWBOY ETHICSCHEYENNE (AP)---The principles of "Cowboy Ethics" are now part of Wyoming law.Gov. Dave Freudentahl signed legislation Wednesday adopting an official state code.The symbolic measure spells out 10 ethics derived from a "Code of the West" outlined in a book by author and retired Wall street investor James Owen.The ethics code doesn't carry any criminal penalties and is not meant to replace any civil codes.The state code admonishes:
1)residents and lawmakers to live courageously
2)take pride in their work
3)finish what they start
4)do what's necessary
5)be tough but fair
6)keep promises
7)ride for the brand
8)talk less and say more
9)remember some things aren't for sale
10)know where to draw the lineWhen we were at Legislation, Representative Lisa Shepperson, brought this up in thehouse to help get our budget amendment passed!!!She stated: "Senate file 51 "Code of the West"Do what you say your gona do!" 2/23/10On 2/25/20 Senator Hastert said: "Code of the West" page 2 line 9 If we make a promise we need to keep it."He was speaking in regards to John Corra saying: "We screwed up and we will fix it!" back on Aug. 14, 2007.
The governor signed the budget bill at nine o'clock this morning.That bill includes the language concerning the dynamic compaction-related evaluations.Take care.ChrisWY.
GOVERNOR SIGNS LAW ADOPTING COWBOY ETHICSCHEYENNE (AP)---The principles of "Cowboy Ethics" are now part of Wyoming law.Gov. Dave Freudentahl signed legislation Wednesday adopting an official state code.The symbolic measure spells out 10 ethics derived from a "Code of the West" outlined in a book by author and retired Wall street investor James Owen.The ethics code doesn't carry any criminal penalties and is not meant to replace any civil codes.The state code admonishes:
1)residents and lawmakers to live courageously
2)take pride in their work
3)finish what they start
4)do what's necessary
5)be tough but fair
6)keep promises
7)ride for the brand
8)talk less and say more
9)remember some things aren't for sale
10)know where to draw the lineWhen we were at Legislation, Representative Lisa Shepperson, brought this up in thehouse to help get our budget amendment passed!!!She stated: "Senate file 51 "Code of the West"Do what you say your gona do!" 2/23/10On 2/25/20 Senator Hastert said: "Code of the West" page 2 line 9 If we make a promise we need to keep it."He was speaking in regards to John Corra saying: "We screwed up and we will fix it!" back on Aug. 14, 2007.
Monday, March 1, 2010
Amendment pleases homeowners
State budget would allow for engineer's inspection of 'Tree Street' homes
By JEFF GEARINO - Southwest Wyoming bureau Posted: Monday, March 1, 2010 12:00 am
ROCK SPRINGS -- Lawmakers in both houses approved amendments to the state budget bill late last week that will pave the way for engineering inspections of "Tree Street" homes allegedly damaged in a Wyoming Abandoned Mine Lands mine subsidence project in 2007.
Rep. Bernadine Craft, D-Rock Springs, and Sen. John Hastert, D-Green River, successfully co-sponsored two budget amendments that would direct $120,000 to hire a "qualified engineer" to re-inspect homes to assess damages, the two lawmakers said in a media release.
The final budget bill still needs to pass the House and Senate before heading to Gov. Dave Freudenthal for his signature.
"There have been a lot of broken promises since the fateful project ... three years ago," Craft said.
"These people shouldn't still be dealing with the devastating consequences of having homes that are literally falling apart around them," she said. "It's time to get these people out of the House gallery and back into their homes."
Becky Kelley, the unofficial spokeswoman for Tree Street homeowners, said she and other residents were pleased with the amendments.
Kelley, Donna Maynard and several other homeowners spoke in support of the amendments while lobbying the Legislature the past two weeks.
"The support we have is unreal," Kelley said. "We're not done, by a long shot, but things are looking a lot better."
The legislation is effective immediately and would require assessments be completed by the engineers within 60 days, Craft said.
Based on the engineer's findings, Wyoming Attorney General Bruce Salzburg would then be required to provide new settlement offers to homeowners, according to the amendment.
Hastert said the budget amendment was a good use of AML funds.
"The bottom line is that this situation has arisen because of the actions of the state," he said. "What better way to direct our AML monies than to help people affected by seismic shifts of abandoned mines."
The Senate amendment was introduced by Sens. Hastert; Marty Martin, D-Rock Springs, and Stan Cooper, R-Kemmerer. It passed by a 20-10 vote Thursday morning.
A mirror bill in the House by Reps. Craft and Colin Simpson, R-Cody, passed unanimously that afternoon.
Particularly pleasing
Homeowners say more than a dozen Tree Street homes were damaged during the mine subsidence project that included an unproved-in-Wyoming reclamation technique known as dynamic compaction.
The project was conducted by the Wyoming Abandoned Mine Lands Division on a vacant tract of land adjacent to the Tree Street neighborhood. The project aimed to free vacant lands in the city that could be used to build affordable housing.
The project involved dropping 25- and 35-ton weights -- over undermined areas in the tract to collapse the underground mine voids beneath -- for three weeks beginning July 17, 2007.
Homeowners' complaints about damage halted the project. Residents said vibrations from the dynamic compaction was shaking homes; cracking foundations, driveways, walls and ceilings, and causing gaps in windows and doors among other damage.
The state sent engineers to assess 19 damage claims filed by homeowners and followed with settlement offers.
All but two of the homeowners rejected the state's offer, however, as way too low to adequately pay for the needed repairs.
State officials and attorneys representing the homeowners have been engaged in discussions for more than a year, trying to finalize the details of a mediation agreement that would have led to the new inspections by geotechnical engineers.
Craft noted the No. 1 priority for use of AML funds is to address issues of health and human safety. "We're so lucky that at this point no one has been seriously injured." she said.
Craft said passing the budget amendment was particularly pleasing because a similar amendment by Craft and Hastert that sought funding for new engineering studies failed during the 2009 session.
"Passing the amendments was a definite high point in the session," she said. "We had House members totally united in their support of private citizens."
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
By JEFF GEARINO - Southwest Wyoming bureau Posted: Monday, March 1, 2010 12:00 am
ROCK SPRINGS -- Lawmakers in both houses approved amendments to the state budget bill late last week that will pave the way for engineering inspections of "Tree Street" homes allegedly damaged in a Wyoming Abandoned Mine Lands mine subsidence project in 2007.
Rep. Bernadine Craft, D-Rock Springs, and Sen. John Hastert, D-Green River, successfully co-sponsored two budget amendments that would direct $120,000 to hire a "qualified engineer" to re-inspect homes to assess damages, the two lawmakers said in a media release.
The final budget bill still needs to pass the House and Senate before heading to Gov. Dave Freudenthal for his signature.
"There have been a lot of broken promises since the fateful project ... three years ago," Craft said.
"These people shouldn't still be dealing with the devastating consequences of having homes that are literally falling apart around them," she said. "It's time to get these people out of the House gallery and back into their homes."
Becky Kelley, the unofficial spokeswoman for Tree Street homeowners, said she and other residents were pleased with the amendments.
Kelley, Donna Maynard and several other homeowners spoke in support of the amendments while lobbying the Legislature the past two weeks.
"The support we have is unreal," Kelley said. "We're not done, by a long shot, but things are looking a lot better."
The legislation is effective immediately and would require assessments be completed by the engineers within 60 days, Craft said.
Based on the engineer's findings, Wyoming Attorney General Bruce Salzburg would then be required to provide new settlement offers to homeowners, according to the amendment.
Hastert said the budget amendment was a good use of AML funds.
"The bottom line is that this situation has arisen because of the actions of the state," he said. "What better way to direct our AML monies than to help people affected by seismic shifts of abandoned mines."
The Senate amendment was introduced by Sens. Hastert; Marty Martin, D-Rock Springs, and Stan Cooper, R-Kemmerer. It passed by a 20-10 vote Thursday morning.
A mirror bill in the House by Reps. Craft and Colin Simpson, R-Cody, passed unanimously that afternoon.
Particularly pleasing
Homeowners say more than a dozen Tree Street homes were damaged during the mine subsidence project that included an unproved-in-Wyoming reclamation technique known as dynamic compaction.
The project was conducted by the Wyoming Abandoned Mine Lands Division on a vacant tract of land adjacent to the Tree Street neighborhood. The project aimed to free vacant lands in the city that could be used to build affordable housing.
The project involved dropping 25- and 35-ton weights -- over undermined areas in the tract to collapse the underground mine voids beneath -- for three weeks beginning July 17, 2007.
Homeowners' complaints about damage halted the project. Residents said vibrations from the dynamic compaction was shaking homes; cracking foundations, driveways, walls and ceilings, and causing gaps in windows and doors among other damage.
The state sent engineers to assess 19 damage claims filed by homeowners and followed with settlement offers.
All but two of the homeowners rejected the state's offer, however, as way too low to adequately pay for the needed repairs.
State officials and attorneys representing the homeowners have been engaged in discussions for more than a year, trying to finalize the details of a mediation agreement that would have led to the new inspections by geotechnical engineers.
Craft noted the No. 1 priority for use of AML funds is to address issues of health and human safety. "We're so lucky that at this point no one has been seriously injured." she said.
Craft said passing the budget amendment was particularly pleasing because a similar amendment by Craft and Hastert that sought funding for new engineering studies failed during the 2009 session.
"Passing the amendments was a definite high point in the session," she said. "We had House members totally united in their support of private citizens."
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
Legislators Seek Justice for Residents of Rock Springs'
Thursday, February 25, 2010
Rep. Craft and Sen. Hastert Sponsor Budget AmendmentsCheyenne, WY - Years after the state attempted a dynamic compaction project in Rock Springs those residents of the so-called "tree streets" will finally get justice for the harm done to their homes and residences. Amendments to the Wyoming budget, introduced by Rep. Bernadine Craft (D-Rock Springs) and Sen. John Hastert (D-Green River) will pay for a structural engineer to determine the extent to which the dynamic compaction project was to blame for the rapid deterioration of the "tree street" homes. Today an amendment brought by Sens. Hastert, Martin (R-Rock Springs), and Cooper (R-Kemmerer) passed the Senate by a vote of 20-10. The same amendment, introduced by Reps. Craft and Simpson (R-Cody), passed unanimously in the House this afternoon. "There have been a lot of broken promises since 2007 and that was three years ago. These people shouldn't still be dealing with the devastating consequences of having homes that are literally falling apart around them," said Rep. Craft, "There were so many opportunities to address this and we need to end it here and now."The proposed amendments will direct $120,000 to hire a structural engineer to assess the damage. Based on the findings of the engineer, the Wyoming Attorney General will then be required to settle with the residents for damages related to dynamic compaction. Senator Hastert added, "The bottom line is that this situation has arisen because of actions of the state. What better way to direct our Abandoned Mine Land (AML) monies than to help people affected by seismic shifts of abandoned mines? I can’t think of one." Becky Kelley and Donna Maynard, both residents of affected Ash Street in Rock Springs, were able to come to Cheyenne to tell their story. After the vote they expressed thanks to all Senators and Representatives, especially those who were committed to their cause from the beginning. This particular piece of legislation has crossed party lines and geographic boundaries. Rep. Lisa Shepperson (R-Casper) discussed the fact that earlier in the day the House supported a state code, which says we always keep our word. "It's time to live up to that code," said Shepperson. After the vote Kelley said, "Thank heavens for the code of the west.""Passing these amendments was a definite high point in the session. We had House members totally united in their support of private citizens," said Rep. Craft.
Photo: Courtesy of the Wyoming Legislative Internship ProgramPicturing (l-r): Donna Maynard, Rep. Craft, Becky Kelley, and Sen. Hastert
Sunday, February 28, 2010
Opinion comments of the Casper Star
Bob said on: February 28, 2010, 10:02 am
There have been problems with subsidence for a long time. I remember driving through Rock Springs in the early 70's and there were all these hoses crossing the street. I asked at a diner about the hoses, and was told that the underground mines were collapsing and they were filling them with a sand grout. I would be interested in getting the information on how many of our dollars have been spent on this boondoggle. Anyone who bought houses after that should have known about it. The city of Rock springs knew about it and did nothing about limiting the damage, and Union Pacific should be held accountable for the damage done by their mines.
There have been problems with subsidence for a long time. I remember driving through Rock Springs in the early 70's and there were all these hoses crossing the street. I asked at a diner about the hoses, and was told that the underground mines were collapsing and they were filling them with a sand grout. I would be interested in getting the information on how many of our dollars have been spent on this boondoggle. Anyone who bought houses after that should have known about it. The city of Rock springs knew about it and did nothing about limiting the damage, and Union Pacific should be held accountable for the damage done by their mines.
Tree Street residents still looking for justice
Star-Tribune Editorial Board Posted: Sunday, February 28, 2010 12:15 am
The wheels of justice continue to grind slowly for Rock Springs residents whose homes were damaged following a controversial 2007 state Abandoned Mine Lands mine subsidence project.
Both the Wyoming House and Senate last week passed budget amendments that would allocate $120,000 to hire a qualified engineer to re-inspect several Tree Street houses to assess damages.
It's a step in the right direction, and may eventually lead to a settlement in the high-profile case, which is now more than two and a half years old. Still, we're mystified why it's taken the state of Wyoming this much time to do the right thing. This incident is precisely the type of problem that AML funds are supposed to be used to fix.
In July 2007, the Wyoming AML Division began a $2.8 million pilot reclamation project near the Tree Street neighborhood in Rock Springs. It was designed to free up vacant lands in the city so they could be developed for affordable housing. A new, unproven technique called "dynamic compaction" was used that involved dropping 25-ton and 35-ton weights over undermined areas to collapse the underground mine voids.
The weights were dropped about 2,300 times over three weeks before neighbors' complaints finally halted the project. Nineteen residents blamed vibrations from dynamic compaction for damaging their homes, cracking foundations, driveways, ceilings and walls, and opening sinkholes in some yards.
AML directors initially said the state would pay for all repairs to homes. But the initial offers were so low, they were rejected by all but two homeowners. Many of the 59 apartments in four three-story apartment buildings were damaged, but the state's first offer was less than $5,000.
Negotiations have continued for more than a year. One of the sticking points has been determining what damage was done by dynamic compaction and what might be the result of subsidence events that have plagued Rock Springs for decades. It will take an impartial, qualified engineer to sort that conflict out, which is what the Legislature agreed to fund.
Gov. Dave Freudenthal said the state is willing to pay up to $275,000 in repairs per structure, which may satisfy some homeowners. But the manager of the apartment complex, Dino Moncecchi, called the amount "ludicrous" for the damage to his buildings.
The governor responded to one legislator's plea to resolve the "bureaucratic impasse" by noting that the state can't just begin writing checks out to residents without determining what caused the damages. Freudenthal is correct in his assertion that there has to be a "factual and legal basis" for any payment made by the state. It may never be known precisely how much damage was caused by dynamic compaction.
But here's what we do know: homeowners didn't report any problems until the weights were dropped. Their homes weren't cracking and falling apart until the AML project began. It makes sense that AML funds should be available to help fix the problems most likely caused by the state's mine reclamation efforts.
One more thing: Attorney General Bruce Salzburg criticized homeowners who filed a lawsuit in Sweetwater County District Court last July against two of the state's consulting engineers who had worked on the project. He said there must be no "double recovery" by the homeowners.
But the suit was only filed because there were just 30 days left before the statute of limitations ran out, and after two years the state still hadn't settled the case. It's insulting for the state -- which held up the case -- to blame homeowners for seeking a legal remedy to recoup their losses.
Posted in Editorial on Sunday, February 28, 2010 12:15 am Updated: 11:36 pm. Tags: Chad Baldwin, Editorial, Editorial Board, Kerry Drake, Nathan Bekke, Opinion, Ron Gullberg, Sally Ann Shurmur, Rock Springs, Abandoned Mine Lands Division
The wheels of justice continue to grind slowly for Rock Springs residents whose homes were damaged following a controversial 2007 state Abandoned Mine Lands mine subsidence project.
Both the Wyoming House and Senate last week passed budget amendments that would allocate $120,000 to hire a qualified engineer to re-inspect several Tree Street houses to assess damages.
It's a step in the right direction, and may eventually lead to a settlement in the high-profile case, which is now more than two and a half years old. Still, we're mystified why it's taken the state of Wyoming this much time to do the right thing. This incident is precisely the type of problem that AML funds are supposed to be used to fix.
In July 2007, the Wyoming AML Division began a $2.8 million pilot reclamation project near the Tree Street neighborhood in Rock Springs. It was designed to free up vacant lands in the city so they could be developed for affordable housing. A new, unproven technique called "dynamic compaction" was used that involved dropping 25-ton and 35-ton weights over undermined areas to collapse the underground mine voids.
The weights were dropped about 2,300 times over three weeks before neighbors' complaints finally halted the project. Nineteen residents blamed vibrations from dynamic compaction for damaging their homes, cracking foundations, driveways, ceilings and walls, and opening sinkholes in some yards.
AML directors initially said the state would pay for all repairs to homes. But the initial offers were so low, they were rejected by all but two homeowners. Many of the 59 apartments in four three-story apartment buildings were damaged, but the state's first offer was less than $5,000.
Negotiations have continued for more than a year. One of the sticking points has been determining what damage was done by dynamic compaction and what might be the result of subsidence events that have plagued Rock Springs for decades. It will take an impartial, qualified engineer to sort that conflict out, which is what the Legislature agreed to fund.
Gov. Dave Freudenthal said the state is willing to pay up to $275,000 in repairs per structure, which may satisfy some homeowners. But the manager of the apartment complex, Dino Moncecchi, called the amount "ludicrous" for the damage to his buildings.
The governor responded to one legislator's plea to resolve the "bureaucratic impasse" by noting that the state can't just begin writing checks out to residents without determining what caused the damages. Freudenthal is correct in his assertion that there has to be a "factual and legal basis" for any payment made by the state. It may never be known precisely how much damage was caused by dynamic compaction.
But here's what we do know: homeowners didn't report any problems until the weights were dropped. Their homes weren't cracking and falling apart until the AML project began. It makes sense that AML funds should be available to help fix the problems most likely caused by the state's mine reclamation efforts.
One more thing: Attorney General Bruce Salzburg criticized homeowners who filed a lawsuit in Sweetwater County District Court last July against two of the state's consulting engineers who had worked on the project. He said there must be no "double recovery" by the homeowners.
But the suit was only filed because there were just 30 days left before the statute of limitations ran out, and after two years the state still hadn't settled the case. It's insulting for the state -- which held up the case -- to blame homeowners for seeking a legal remedy to recoup their losses.
Posted in Editorial on Sunday, February 28, 2010 12:15 am Updated: 11:36 pm. Tags: Chad Baldwin, Editorial, Editorial Board, Kerry Drake, Nathan Bekke, Opinion, Ron Gullberg, Sally Ann Shurmur, Rock Springs, Abandoned Mine Lands Division
Monday, February 22, 2010
comments from the Casper Star Tribune
Todd said on: February 22, 2010, 5:21 am
It is beyond me why this has taken so long. For some reason when government at any level jumps right into something without doing their home work and there is a bad outcome like this, they just want to talk it to death. The time to talk, evaluate, talk, evaluate, talk......is long past. Pay up and be done with it.Fast talkers have taken millions from the business council for urgent things like ski resorts while lawmakers talk and evaluate, but this drags on. Prioritize and get with the program guys! The time for discussion was BEFORE the damage was done.
Carlito said on: February 21, 2010, 7:29 pm
The problem is there were no pre-inspections of the homes before the dynamic compaction began. As you know the houses built there are all on questionable ground and have been settling every since they were built.I do know that the compaction was done away from the houses and seismograph readings were constantly taken and they were barely registering any vibration near the homes.
mark said on: February 21, 2010, 7:05 pm
It is ridiculous that this has not been addressed yet. I am no engineer, but living in Rock Springs as long as I have, I know this. Susidence causes damage to houses. If you cause subsidence on purpose, you can expect damage to occur.Come on, state leg. Let's get this taken care of already!
It is beyond me why this has taken so long. For some reason when government at any level jumps right into something without doing their home work and there is a bad outcome like this, they just want to talk it to death. The time to talk, evaluate, talk, evaluate, talk......is long past. Pay up and be done with it.Fast talkers have taken millions from the business council for urgent things like ski resorts while lawmakers talk and evaluate, but this drags on. Prioritize and get with the program guys! The time for discussion was BEFORE the damage was done.
Carlito said on: February 21, 2010, 7:29 pm
The problem is there were no pre-inspections of the homes before the dynamic compaction began. As you know the houses built there are all on questionable ground and have been settling every since they were built.I do know that the compaction was done away from the houses and seismograph readings were constantly taken and they were barely registering any vibration near the homes.
mark said on: February 21, 2010, 7:05 pm
It is ridiculous that this has not been addressed yet. I am no engineer, but living in Rock Springs as long as I have, I know this. Susidence causes damage to houses. If you cause subsidence on purpose, you can expect damage to occur.Come on, state leg. Let's get this taken care of already!
'Tree Street' residents, lawmakers hoping to resolve subsidence project compensation issue
Still pounding away
By JEFF GEARINO - Southwest Wyoming bureau Posted: Sunday, February 21, 2010 3:38 pm
ROCK SPRINGS -- Any legislative relief for the "Tree Street" residents whose homes were damaged by a controversial mine subsidence project in 2007 will come in the form of a budget amendment, rather than a bill, southwest Wyoming lawmakers say.
A similar budget amendment that sought funding for new engineering studies and possible repairs failed during the 2009 session.
The lawmakers had said they might try to change the state's subsidence rules with a bill in an effort to gain a fair settlement from the state after touring many of the damaged homes in January.
A bill would have attempted to amend the stricter state Abandoned Mine Lands guidelines to better match the looser federal guidelines.
"I had a bill drafted but after lots of discussion decided we were better off with another budget amendment," state Rep. Bernadine Craft said last week in an e-mail to the Star-Tribune. "We have huge support, so I am hopeful that we'll be successful in both houses this time."
Craft said budget amendment discussions are scheduled to begin Tuesday.
The 2009 budget amendment sought to divert $2.9 million in AML monies that would normally be used for reclamation and public facility projects. The diverted funds would have paid for repairs to homes and the hiring of a licensed structural engineer to reassess the damaged properties.
More than a dozen homes were damaged during the mine subsidence project that began in late July 2007.
The project was conducted by the Wyoming Abandoned Mine Lands Division. It aimed to free vacant lands in the city so they could be used to build affordable housing.
Becky Kelley, the unofficial spokeswoman for the Tree Street homeowners, said residents welcomed any help they could get. She and homeowner Donna Maynard spent last week in Cheyenne lobbying state lawmakers.
"I'm not sure how the budget amendment will work for us," she said. "I too am waiting for the language from Representative Craft" and other area legislators.
Presence known
At the request of Rock Springs Mayor Tim Kaumo in 2006, the city began discussions with AML officials and Gov. Dave Freudenthal about possibly using AML monies to mitigate lands in the city that had not been looked at for development before because of the old mine voids.
State rules forbid the AML from conducting mitigation subsidence work on undeveloped lands.
The city, however, received special permission from the state to conduct a $2.4 million subsidence pilot project using a new process known as dynamic compaction.
The process involved dropping 25- and 35-ton weights over the undermined areas to collapse the underground mine voids on a vacant tract of land adjacent to the Tree Street neighborhood.
Beginning July 17, 2007, AML contractors dropped the weights from cranes more than 2,300 times over three weeks before homeowners' complaints about damage halted the project.
Homeowners said vibrations from the dynamic compaction raced through the underground mine voids, shaking homes; damaging foundations, ceilings and walls; cracking driveways and causing gaps in windows and doors in nearly 20 Tree Street homes.
The state sent engineers to assess 19 damage claims filed by homeowners under a settlement process established by the AML in 2008.
The state followed with settlement offers based on the engineer's report. But only two homeowners accepted the state's initial offer.
The other Tree Street residents contended the offer didn't come close to providing adequate compensation for needed repairs.
State officials and attorneys representing the homeowners have been engaged in discussions for more than a year trying to finalize the details of a mediation agreement.
A deal is being brokered that would call for the state to retain another geotechnical engineer to reinspect the Tree Street homes.
The engineer would then make an independent determination on whether the damages were caused, in whole or part, by the dynamic compaction project.
Freudenthal has said the state is willing to compensate the claimants up to $275,000 per structure for any damages the engineer finds were caused by the dynamic compaction.
Kelley said she and other Tree Street homeowners will be in Cheyenne lobbying lawmakers again this week.
"We want to continue to make our presence known," she said.
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
By JEFF GEARINO - Southwest Wyoming bureau Posted: Sunday, February 21, 2010 3:38 pm
ROCK SPRINGS -- Any legislative relief for the "Tree Street" residents whose homes were damaged by a controversial mine subsidence project in 2007 will come in the form of a budget amendment, rather than a bill, southwest Wyoming lawmakers say.
A similar budget amendment that sought funding for new engineering studies and possible repairs failed during the 2009 session.
The lawmakers had said they might try to change the state's subsidence rules with a bill in an effort to gain a fair settlement from the state after touring many of the damaged homes in January.
A bill would have attempted to amend the stricter state Abandoned Mine Lands guidelines to better match the looser federal guidelines.
"I had a bill drafted but after lots of discussion decided we were better off with another budget amendment," state Rep. Bernadine Craft said last week in an e-mail to the Star-Tribune. "We have huge support, so I am hopeful that we'll be successful in both houses this time."
Craft said budget amendment discussions are scheduled to begin Tuesday.
The 2009 budget amendment sought to divert $2.9 million in AML monies that would normally be used for reclamation and public facility projects. The diverted funds would have paid for repairs to homes and the hiring of a licensed structural engineer to reassess the damaged properties.
More than a dozen homes were damaged during the mine subsidence project that began in late July 2007.
The project was conducted by the Wyoming Abandoned Mine Lands Division. It aimed to free vacant lands in the city so they could be used to build affordable housing.
Becky Kelley, the unofficial spokeswoman for the Tree Street homeowners, said residents welcomed any help they could get. She and homeowner Donna Maynard spent last week in Cheyenne lobbying state lawmakers.
"I'm not sure how the budget amendment will work for us," she said. "I too am waiting for the language from Representative Craft" and other area legislators.
Presence known
At the request of Rock Springs Mayor Tim Kaumo in 2006, the city began discussions with AML officials and Gov. Dave Freudenthal about possibly using AML monies to mitigate lands in the city that had not been looked at for development before because of the old mine voids.
State rules forbid the AML from conducting mitigation subsidence work on undeveloped lands.
The city, however, received special permission from the state to conduct a $2.4 million subsidence pilot project using a new process known as dynamic compaction.
The process involved dropping 25- and 35-ton weights over the undermined areas to collapse the underground mine voids on a vacant tract of land adjacent to the Tree Street neighborhood.
Beginning July 17, 2007, AML contractors dropped the weights from cranes more than 2,300 times over three weeks before homeowners' complaints about damage halted the project.
Homeowners said vibrations from the dynamic compaction raced through the underground mine voids, shaking homes; damaging foundations, ceilings and walls; cracking driveways and causing gaps in windows and doors in nearly 20 Tree Street homes.
The state sent engineers to assess 19 damage claims filed by homeowners under a settlement process established by the AML in 2008.
The state followed with settlement offers based on the engineer's report. But only two homeowners accepted the state's initial offer.
The other Tree Street residents contended the offer didn't come close to providing adequate compensation for needed repairs.
State officials and attorneys representing the homeowners have been engaged in discussions for more than a year trying to finalize the details of a mediation agreement.
A deal is being brokered that would call for the state to retain another geotechnical engineer to reinspect the Tree Street homes.
The engineer would then make an independent determination on whether the damages were caused, in whole or part, by the dynamic compaction project.
Freudenthal has said the state is willing to compensate the claimants up to $275,000 per structure for any damages the engineer finds were caused by the dynamic compaction.
Kelley said she and other Tree Street homeowners will be in Cheyenne lobbying lawmakers again this week.
"We want to continue to make our presence known," she said.
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
comments from the Billings Gazette
marion said on: February 15, 2010, 6:25 am
They should not need lawyers, the state screwed up and the state needs to pony up. Take the money from the business council that hands out money for ski resorts, etc. I am ashamed of my state for letting this go on and on, and forcing these folks to have to go thru this.
slow mover said on: February 15, 2010, 2:35 am
Lawyer time...
They should not need lawyers, the state screwed up and the state needs to pony up. Take the money from the business council that hands out money for ski resorts, etc. I am ashamed of my state for letting this go on and on, and forcing these folks to have to go thru this.
slow mover said on: February 15, 2010, 2:35 am
Lawyer time...
Monday, February 15, 2010
Taking their case to the Capitol
Owners of damaged homes lobby legislators.
By JEFF GEARINO - Southwest Wyoming bureau Posted: Monday, February 15, 2010 12:15 am
ROCK SPRINGS -- While "Tree Street" homeowners Becky Kelley and Donna Maynard prowled the State Capital halls in Cheyenne most of last week, the pair sported bright orange buttons on their lapels.
The buttons show 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."
For three straight legislative sessions, the two Rock Springs residents have been using any means they can to catch the eyes of lawmakers while they wait for the state to pay for repairs to their beleaguered homes they say were damaged by a controversial mine subsidence project in 2007.
State officials and attorneys representing the homeowners have been engaged for over a year in discussions to finalize the details of a mediation agreement. Both parties hope the agreement will lead to new inspections of damaged homes, with an eye toward a final financial settlement.
The ill-fated project conducted by the Wyoming Abandoned Mine Lands Division -- which aimed to free up vacant lands in the city that could be used to build affordable housing -- employed a new subsidence process known as dynamic compaction. It involved dropping 25-ton 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, the owners say.
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 last week in Cheyenne meeting with lawmakers and talking to "anyone who will listen to us."
On Wednesday, the pair completed a daylong lobbying class through the Equality State Policy Center. "The class went very well ... We found that we have a lot of supporters," Kelley said.
Pilot project
At the request of Mayor Tim Kaumo in 2006, the city began discussions with AML officials and Gov. Dave Freudenthal about possibly using AML money to mitigate some lands within the city that had not been looked at for development before because of old mine voids.
State rules forbid the AML Division from conducting subsidence work on undeveloped lands. However, the city received special permission from the state to conduct a $2.4 million pilot subsidence project using dynamic compaction on a tract of land next to the Tree Street neighborhood.
For three weeks beginning July 17, 2007, AML contractors using cranes dropped the weights about 2,300 times before residents' complaints halted the project.
Homeowners contend vibrations from the dynamic compaction severely damaged more than a dozen homes, cracking foundations, ceilings and walls, driveways, opening sinkholes in some yards, and causing gaps in windows and door frames, among other damage.
AML directors told residents during a contentious town meeting in mid-August 2007 that the state would pay for all repairs to homes damaged by the dynamic compaction portion of the project. But homeowners contended the state's first settlement offers -- which were based on a state-contracted engineer's assessment of the damage and estimated repair costs -- weren't nearly adequate to fairly compensate homeowners for the needed repair work.
Double recovery
Over the past few weeks, a bevy of southwest Wyoming lawmakers and gubernatorial candidates has toured homes in the Tree Street area to get a firsthand look at the damage.
Following a tour last month, Sen. Stan Cooper, R-Kemmerer, sent Freudenthal a letter urging the governor to break what he called the "bureaucratic impasse" that seemed to be preventing a satisfactory financial resolution for homeowners.
Last week, Freudenthal released his Jan. 28 response to Cooper's letter that said the state is continuing to work to resolve the problem and that it would be irresponsible to simply begin writing checks to homeowners for damage repairs.
Any state compensation must be tied to the damage which is likely to have been caused by the dynamic compaction project, rather than subsidence events which have plagued Rock Springs for decades, Freudenthal wrote.
The governor said the state is willing to fund up to $275,000 in repairs per structure. And he said the state is willing to accept the findings from new inspections by a mutually agreed upon engineering firm.
In a memorandum to Freudenthal's letter, state Attorney General Bruce Salzburg said while homeowners were negotiating the terms of the mediation agreement, the claimants filed a lawsuit in Sweetwater County District Court in July against two of the state's consulting engineers who had done work for the AML related to the dynamic compaction project.
Salzburg said the filing of the lawsuit raised the question of a possible "double recovery" for homeowners.
The terms of any settlement agreement to resolve the claims must account for the pending lawsuits so there is not double recovery, Salzburg wrote.
Misleading
But the manager of the nearby Springview Manor Apartment complex that was damaged during the project said last week that homeowners had no recourse except to address the partners and agents of the AML Division through a lawsuit.
Built in 1972, the complex was constructed in part to provide affordable housing for Rock Springs residents during the Jim Bridger Power Plant construction boom.
Dino Moncecchi of the Casper-based Spartan Management LCC, which manages the 17-unit apartment complex, said in a Feb. 3 letter to Freudenthal and phone interview that Salzburg's contention that homeowners are seeking double recovery is "misleading at best."
Moncecchi said homeowners filed the lawsuit in July, just 30 days before the statute of limitations ran out, on the advice of their attorneys.
"If we're not going to get money out of the state, we're forced to go somewhere else," he said.
Moncecchi noted four, three-story apartment buildings and many of the 59 apartments in the tidy, low-income complex suffered damage during the project. Window frames have separated from walls, kitchen and hallway floors slope, and numerous double-pane windows were broken as a result of the dynamic compaction, he said.
Hallway doors pulled away from frames and won't open now as a result of the project, some fire doors won't shut, stairwells were cracked, and various pipes and drains are plugged, among other damage. Damage repairs could end up costing millions of dollars, he said.
The state's first settlement offer for repairs to the complex was $4,918.
Moncecchi said the state's proposed financial damage limit of $275,000 per structure is "ludicrous."
He said the limit may be sufficient for most of the single-family residences, but it won't be for the 17-unit apartment building, which must meet federal Department of Housing and Urban Development regulations and inspections to continue to operate.
"For Springview Manor, we are talking about the safety of 59 families," Moncecchi said.
"The hope is that those funds will suffice, but I have a fiduciary duty to the ownership of Springview Manor and clearly my acceptance of that sum would violate that obligation," he wrote to the governor.
Moncecchi said the state should also monitor and stabilize, if necessary, the ground that the AML Division destabilized by the dynamic compaction.
Southwest Wyoming bureau reporter Jeff Gearino can be reached at 307-875-5359 or at gearino@tribcsp.com.
By JEFF GEARINO - Southwest Wyoming bureau Posted: Monday, February 15, 2010 12:15 am
ROCK SPRINGS -- While "Tree Street" homeowners Becky Kelley and Donna Maynard prowled the State Capital halls in Cheyenne most of last week, the pair sported bright orange buttons on their lapels.
The buttons show 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."
For three straight legislative sessions, the two Rock Springs residents have been using any means they can to catch the eyes of lawmakers while they wait for the state to pay for repairs to their beleaguered homes they say were damaged by a controversial mine subsidence project in 2007.
State officials and attorneys representing the homeowners have been engaged for over a year in discussions to finalize the details of a mediation agreement. Both parties hope the agreement will lead to new inspections of damaged homes, with an eye toward a final financial settlement.
The ill-fated project conducted by the Wyoming Abandoned Mine Lands Division -- which aimed to free up vacant lands in the city that could be used to build affordable housing -- employed a new subsidence process known as dynamic compaction. It involved dropping 25-ton 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, the owners say.
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 last week in Cheyenne meeting with lawmakers and talking to "anyone who will listen to us."
On Wednesday, the pair completed a daylong lobbying class through the Equality State Policy Center. "The class went very well ... We found that we have a lot of supporters," Kelley said.
Pilot project
At the request of Mayor Tim Kaumo in 2006, the city began discussions with AML officials and Gov. Dave Freudenthal about possibly using AML money to mitigate some lands within the city that had not been looked at for development before because of old mine voids.
State rules forbid the AML Division from conducting subsidence work on undeveloped lands. However, the city received special permission from the state to conduct a $2.4 million pilot subsidence project using dynamic compaction on a tract of land next to the Tree Street neighborhood.
For three weeks beginning July 17, 2007, AML contractors using cranes dropped the weights about 2,300 times before residents' complaints halted the project.
Homeowners contend vibrations from the dynamic compaction severely damaged more than a dozen homes, cracking foundations, ceilings and walls, driveways, opening sinkholes in some yards, and causing gaps in windows and door frames, among other damage.
AML directors told residents during a contentious town meeting in mid-August 2007 that the state would pay for all repairs to homes damaged by the dynamic compaction portion of the project. But homeowners contended the state's first settlement offers -- which were based on a state-contracted engineer's assessment of the damage and estimated repair costs -- weren't nearly adequate to fairly compensate homeowners for the needed repair work.
Double recovery
Over the past few weeks, a bevy of southwest Wyoming lawmakers and gubernatorial candidates has toured homes in the Tree Street area to get a firsthand look at the damage.
Following a tour last month, Sen. Stan Cooper, R-Kemmerer, sent Freudenthal a letter urging the governor to break what he called the "bureaucratic impasse" that seemed to be preventing a satisfactory financial resolution for homeowners.
Last week, Freudenthal released his Jan. 28 response to Cooper's letter that said the state is continuing to work to resolve the problem and that it would be irresponsible to simply begin writing checks to homeowners for damage repairs.
Any state compensation must be tied to the damage which is likely to have been caused by the dynamic compaction project, rather than subsidence events which have plagued Rock Springs for decades, Freudenthal wrote.
The governor said the state is willing to fund up to $275,000 in repairs per structure. And he said the state is willing to accept the findings from new inspections by a mutually agreed upon engineering firm.
In a memorandum to Freudenthal's letter, state Attorney General Bruce Salzburg said while homeowners were negotiating the terms of the mediation agreement, the claimants filed a lawsuit in Sweetwater County District Court in July against two of the state's consulting engineers who had done work for the AML related to the dynamic compaction project.
Salzburg said the filing of the lawsuit raised the question of a possible "double recovery" for homeowners.
The terms of any settlement agreement to resolve the claims must account for the pending lawsuits so there is not double recovery, Salzburg wrote.
Misleading
But the manager of the nearby Springview Manor Apartment complex that was damaged during the project said last week that homeowners had no recourse except to address the partners and agents of the AML Division through a lawsuit.
Built in 1972, the complex was constructed in part to provide affordable housing for Rock Springs residents during the Jim Bridger Power Plant construction boom.
Dino Moncecchi of the Casper-based Spartan Management LCC, which manages the 17-unit apartment complex, said in a Feb. 3 letter to Freudenthal and phone interview that Salzburg's contention that homeowners are seeking double recovery is "misleading at best."
Moncecchi said homeowners filed the lawsuit in July, just 30 days before the statute of limitations ran out, on the advice of their attorneys.
"If we're not going to get money out of the state, we're forced to go somewhere else," he said.
Moncecchi noted four, three-story apartment buildings and many of the 59 apartments in the tidy, low-income complex suffered damage during the project. Window frames have separated from walls, kitchen and hallway floors slope, and numerous double-pane windows were broken as a result of the dynamic compaction, he said.
Hallway doors pulled away from frames and won't open now as a result of the project, some fire doors won't shut, stairwells were cracked, and various pipes and drains are plugged, among other damage. Damage repairs could end up costing millions of dollars, he said.
The state's first settlement offer for repairs to the complex was $4,918.
Moncecchi said the state's proposed financial damage limit of $275,000 per structure is "ludicrous."
He said the limit may be sufficient for most of the single-family residences, but it won't be for the 17-unit apartment building, which must meet federal Department of Housing and Urban Development regulations and inspections to continue to operate.
"For Springview Manor, we are talking about the safety of 59 families," Moncecchi said.
"The hope is that those funds will suffice, but I have a fiduciary duty to the ownership of Springview Manor and clearly my acceptance of that sum would violate that obligation," he wrote to the governor.
Moncecchi said the state should also monitor and stabilize, if necessary, the ground that the AML Division destabilized by the dynamic compaction.
Southwest Wyoming bureau reporter Jeff Gearino can be reached at 307-875-5359 or at gearino@tribcsp.com.
Friday, February 5, 2010
Lobbying efforts continue
Tree Street homeowners have scheduled one final tour before Monday's Legislature begins of homes damaged by a 2007 mine subsidence project, said group spokeswoman Becky Kelley.
Republican gubernatorial candidate Ron Micheli is scheduled to visit with homeowners Sunday afternoon. Several area lawmakers and Republican gubernatorial candidate Matt Mead have also gotten first-hand looks at the damage in recent weeks.
Kelley said a handful of homeowners have also signed up for a lobbying class in Cheyenne on Wednesday to help residents prepare for the upcoming session.
Republican gubernatorial candidate Ron Micheli is scheduled to visit with homeowners Sunday afternoon. Several area lawmakers and Republican gubernatorial candidate Matt Mead have also gotten first-hand looks at the damage in recent weeks.
Kelley said a handful of homeowners have also signed up for a lobbying class in Cheyenne on Wednesday to help residents prepare for the upcoming session.
Freudenthal says state is working to resolve 'Tree Street' issue
By JEFF GEARINO - Southwest Wyoming bureau Posted: Friday, February 5, 2010 12:15 am
ROCK SPRINGS -- The state has been working to resolve the problems with "Tree Street" homes damaged by a 2007 mine subsidence project, Gov. Dave Freudenthal wrote in a recent letter to nine area lawmakers.
The governor responded to a letter sent Jan. 20 by State Sen. Stan Cooper, R-Kemmerer, and eight other lawmakers after their tour of the Rock Springs homes and discussions with homeowners.
Cooper urged the governor to break what he called the "bureaucratic impasse" that seemed to be preventing a satisfactory financial resolution for homeowners.
In his Jan. 28 response letter, Freudenthal said that while he understood the need for Cooper to "offer animated rhetoric in support" of constituents, "I take issue with your assertion of an absence of a state effort to reach a conclusion."
Freudenthal said he assumed Cooper "is not advocating the state simply begin writing checks" to Rock Springs residents.
"The Constitution requires and the Legislature expects a factual and legal basis for any payment authorized by the (state) Attorney General," the governor wrote.
"It is appropriate that any state compensation to homeowners be tied to damage which is likely to have resulted from the dynamic compaction project, rather than the subsidence events which have plagued Rock Springs for decades, and which are certain to occur in the future," Freudenthal's letter continued.
The July 2007 project was conducted by the Wyoming Abandoned Mine Lands Division. It was designed to free up vacant lands in the city so they could be developed for much-needed affordable housing.
The $2.8 million pilot reclamation project employed a controversial process known as dynamic compaction.
For three weeks, 25- and 35-ton weights were dropped over vacant lands adjacent to the neighborhood to collapse the underground mine void below.
Homeowners believe vibrations from the dynamic compaction severely damaged more than a dozen homes, cracking foundations, driveways, ceilings and walls, opening sinkholes in some yards, and causing gaps in windows and door frames among other concerns.
They have been battling state government for two years over the state's first settlement offers, which most homeowners rejected as too low to pay for damage repairs.
Filling voids
In 2006 -- at the request of Rock Springs Mayor Tim Kaumo -- the city began discussions with AML officials and Gov. Freudenthal about possibly using AML money to mitigate some lands within the city that had not been scrutinized for development before because of old mine voids.
Rock Springs was built around the coal mines that were first developed in the 1860s to supply coal to the Union Pacific Railroad.
As a result, many of the city's residents live over old, poorly built coal mines. Many miles of underground mine tunnels traverse underneath the city.
State rules forbid the AML from conducting subsidence work on undeveloped lands, but the city received special permission from the state to try a new subsidence technique, dynamic compaction, on a tract of land adjacent to the Tree Street neighborhood.
For three weeks beginning July 17, 2007, AML contractors using cranes dropped the weights about 2,300 times before residents' complaints halted the project.
AML directors said shortly after that the state would pay for all repair to homes damaged by the dynamic compaction portion of the project.
But homeowners contended the state's first settlement offers in Dec. 2008 -- which were based on a state-contracted engineer's assessment of the damages and repair costs -- weren't nearly adequate to fairly compensate for the needed repair work.
End point
In his letter to Cooper, the governor said the state is willing to fund up to $275,000 in repairs per structure.
Freudenthal noted attorneys for both sides have been engaged in finalizing the details of a mediation agreement that would lead to new inspections by a mutually agreed upon engineering firm.
The new inspections would be the basis of the next round of settlement offers to homeowners.
The governor said the state is willing to commit to accepting the findings of that engineer, if the homeowners are willing to do the same.
"For mediation to be successful at some point, the parties need to agree to a mediation process which determines an end point for both the homeowners and the state," Freudenthal wrote.
"For the state to agree to fund repairs while leaving open the possibility of continuing litigation would be irresponsible," the letter continued.
State Attorney General Bruce Salzburg said in a Jan. 28 memorandum to Freudenthal's letter that the "unresolved question" is whether the ground movement -- which appears to be ongoing more than two years after the dynamic compaction was halted -- was caused by the dynamic compaction.
"Although the media seem to have accepted the claim that the project caused the damages, I would like to have that question answered by a qualified neutral expert," Salzburg wrote.
He said the state "remains willing to undertake the significant expense of retaining another geotechnical engineer ... to consider these claims and make an independent determination whether the damages were caused, in whole or in part, by the dynamic compaction project."
Salzburg said while homeowners were negotiating the terms of the mediation agreement, the claimants filed a lawsuit in Sweetwater County District Court in July against two of the state's consulting engineers who had done work for the AML related to the dynamic compaction project.
He said the filing of the lawsuits raised the question of a possible "double recovery" for homeowners.
"The terms of the agreement to resolve the claims through this process must account for the pending suits ... so there is no double recovery," Salzburg's letter said.
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
ROCK SPRINGS -- The state has been working to resolve the problems with "Tree Street" homes damaged by a 2007 mine subsidence project, Gov. Dave Freudenthal wrote in a recent letter to nine area lawmakers.
The governor responded to a letter sent Jan. 20 by State Sen. Stan Cooper, R-Kemmerer, and eight other lawmakers after their tour of the Rock Springs homes and discussions with homeowners.
Cooper urged the governor to break what he called the "bureaucratic impasse" that seemed to be preventing a satisfactory financial resolution for homeowners.
In his Jan. 28 response letter, Freudenthal said that while he understood the need for Cooper to "offer animated rhetoric in support" of constituents, "I take issue with your assertion of an absence of a state effort to reach a conclusion."
Freudenthal said he assumed Cooper "is not advocating the state simply begin writing checks" to Rock Springs residents.
"The Constitution requires and the Legislature expects a factual and legal basis for any payment authorized by the (state) Attorney General," the governor wrote.
"It is appropriate that any state compensation to homeowners be tied to damage which is likely to have resulted from the dynamic compaction project, rather than the subsidence events which have plagued Rock Springs for decades, and which are certain to occur in the future," Freudenthal's letter continued.
The July 2007 project was conducted by the Wyoming Abandoned Mine Lands Division. It was designed to free up vacant lands in the city so they could be developed for much-needed affordable housing.
The $2.8 million pilot reclamation project employed a controversial process known as dynamic compaction.
For three weeks, 25- and 35-ton weights were dropped over vacant lands adjacent to the neighborhood to collapse the underground mine void below.
Homeowners believe vibrations from the dynamic compaction severely damaged more than a dozen homes, cracking foundations, driveways, ceilings and walls, opening sinkholes in some yards, and causing gaps in windows and door frames among other concerns.
They have been battling state government for two years over the state's first settlement offers, which most homeowners rejected as too low to pay for damage repairs.
Filling voids
In 2006 -- at the request of Rock Springs Mayor Tim Kaumo -- the city began discussions with AML officials and Gov. Freudenthal about possibly using AML money to mitigate some lands within the city that had not been scrutinized for development before because of old mine voids.
Rock Springs was built around the coal mines that were first developed in the 1860s to supply coal to the Union Pacific Railroad.
As a result, many of the city's residents live over old, poorly built coal mines. Many miles of underground mine tunnels traverse underneath the city.
State rules forbid the AML from conducting subsidence work on undeveloped lands, but the city received special permission from the state to try a new subsidence technique, dynamic compaction, on a tract of land adjacent to the Tree Street neighborhood.
For three weeks beginning July 17, 2007, AML contractors using cranes dropped the weights about 2,300 times before residents' complaints halted the project.
AML directors said shortly after that the state would pay for all repair to homes damaged by the dynamic compaction portion of the project.
But homeowners contended the state's first settlement offers in Dec. 2008 -- which were based on a state-contracted engineer's assessment of the damages and repair costs -- weren't nearly adequate to fairly compensate for the needed repair work.
End point
In his letter to Cooper, the governor said the state is willing to fund up to $275,000 in repairs per structure.
Freudenthal noted attorneys for both sides have been engaged in finalizing the details of a mediation agreement that would lead to new inspections by a mutually agreed upon engineering firm.
The new inspections would be the basis of the next round of settlement offers to homeowners.
The governor said the state is willing to commit to accepting the findings of that engineer, if the homeowners are willing to do the same.
"For mediation to be successful at some point, the parties need to agree to a mediation process which determines an end point for both the homeowners and the state," Freudenthal wrote.
"For the state to agree to fund repairs while leaving open the possibility of continuing litigation would be irresponsible," the letter continued.
State Attorney General Bruce Salzburg said in a Jan. 28 memorandum to Freudenthal's letter that the "unresolved question" is whether the ground movement -- which appears to be ongoing more than two years after the dynamic compaction was halted -- was caused by the dynamic compaction.
"Although the media seem to have accepted the claim that the project caused the damages, I would like to have that question answered by a qualified neutral expert," Salzburg wrote.
He said the state "remains willing to undertake the significant expense of retaining another geotechnical engineer ... to consider these claims and make an independent determination whether the damages were caused, in whole or in part, by the dynamic compaction project."
Salzburg said while homeowners were negotiating the terms of the mediation agreement, the claimants filed a lawsuit in Sweetwater County District Court in July against two of the state's consulting engineers who had done work for the AML related to the dynamic compaction project.
He said the filing of the lawsuits raised the question of a possible "double recovery" for homeowners.
"The terms of the agreement to resolve the claims through this process must account for the pending suits ... so there is no double recovery," Salzburg's letter said.
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
Thursday, February 4, 2010
Please keep Rep. Tim Hallinan in your thoughts and prayers
Representative Tim Hallinan we are wishing you a fast and healthyrecovery from your by pass surgery, and you and your familywill be in our prayers. Tree street folks
Thursday, January 28, 2010
Candidate tours damaged homes
Mead tells 'Tree Street' residents to keep fighting for equitable solution
By JEFF GEARINO - Southwest Wyoming bureau Posted: Thursday, January 28, 2010 12:15 am
ROCK SPRINGS -- For two years now, residents of the downtown "Tree Street" neighborhood whose homes were damaged during an ill-fated mine subsidence project have begged help from anybody who would listen.
The homeowners have done dozens of interviews with print and TV media.
They've conducted tours for state lawmakers, lobbied legislators and written hundreds of letters to officials and others in hopes of getting a fair settlement from the state to repair the damage.
Now they're turning for help from those who are just seeking office.
Republican gubernatorial candidate Matt Mead toured four Tree Street homes and an apartment complex while campaigning here on Wednesday to get a first-hand look at the damage caused by the July 2007 project.
The project, conducted by the Wyoming Abandoned Mine Lands Division, aimed to free up vacant lands in the city so they could be developed for housing to help cope with a booming, energy-related demand for affordable homes. The dropping of 25- and 35-ton weights more than 2,300 times over two weeks ended up damaging nearly 20 homes.
Like other lawmakers who toured some of the homes earlier this month, Mead said he was stunned by what he saw.
"There's a shocking amount of damage I've seen here today ... There's some terrible angst involved in all of this," Mead said during an informal meeting with about a dozen homeowners after the tour.
The Jelm rancher, who served as U.S. attorney for Wyoming from 2001 to 2007, urged residents to not wait until the November election in hope that a new governor might fix their problems.
He said homeowners should continue to inform the public of their plight and keep fighting for a fair and equitable solution from the state.
"I'd hate to have you think that this would all change if there were a new governor ... so I would not take my foot off the gas pedal yet, if I were you," Mead said.
"Don't wait for me or anybody to get elected ... keep the throttle going on this," he added. "There is nothing more frustrating than not having any answer or any direction (from the state). I'll try to give you some."
Becky Kelley, the unofficial spokeswoman for the Tree Street residents, said Wednesday she and other homeowners continue to be frustrated with the slow pace of the resolution process.
However, she said residents were heartened by Mead's visit and the handful of recent tours by other area lawmakers.
"We're glad somebody is listening ... these (lawmakers) get really interested once they get here and see the damage to these homes themselves," Kelley said. "They're shocked when they see that we have a legitimate complaint. We hope Matt will make this a campaign issue."
Mead told residents he would study the issue and then send each homeowner a letter in the next few weeks spelling out how he would deal with the issue if he were governor.
'Bureaucratic impasse'
The state sent in engineers to assess 19 damage claims filed by homeowners under a settlement process established by the Abandoned Mine Lands Division in 2008. The state followed up with settlement offers based on the engineers' report, but only two homeowners accepted the state's initial offers.
Homeowners are now pinning their hopes on planned new inspections by structural engineers in the coming year that they believe will finally reveal the true extent of the damage.
On Monday, Sen. Stan Cooper, R-Kemmerer, released a Jan. 20 letter he sent to Gov. Dave Freudenthal after he and other southwest Wyoming lawmakers surveyed the damage during a Jan. 13 tour of nearly a dozen homes.
Cooper said residents affected by the dynamic compaction project are receiving little or no help from the state.
He urged the governor to use budgeted state AML funds to pay for much-needed repairs to damaged homes.
"I write this letter with a great deal of frustration over what appears to be a state governmental bureaucracy that has gone completely 'off the rails,'" Cooper wrote. "One gets the feeling that the State's position is ... if we all just ignore this issue long enough, it will go away.
"It is time that this bureaucratic impasse is lifted and that we get on with the business of assisting these people."
He noted the governor's budget message submitted with the state budget recommendations for the 2011-12 biennium said there will be $116 million available for AML funding. Cooper said much of that funding will not be spent on direct abandoned mine reclamation projects.
"Why is it not possible to use a fairly small amount of these funds to rectify the damage that has been done to these homes," Cooper said in the letter.
"Our legislative attempts in the past have met with claims ... that there is a shortage of funds for the existing AML projects," he continued. "Maybe it's time we divert some of those funds to use for something that they were really intended for."
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
By JEFF GEARINO - Southwest Wyoming bureau Posted: Thursday, January 28, 2010 12:15 am
ROCK SPRINGS -- For two years now, residents of the downtown "Tree Street" neighborhood whose homes were damaged during an ill-fated mine subsidence project have begged help from anybody who would listen.
The homeowners have done dozens of interviews with print and TV media.
They've conducted tours for state lawmakers, lobbied legislators and written hundreds of letters to officials and others in hopes of getting a fair settlement from the state to repair the damage.
Now they're turning for help from those who are just seeking office.
Republican gubernatorial candidate Matt Mead toured four Tree Street homes and an apartment complex while campaigning here on Wednesday to get a first-hand look at the damage caused by the July 2007 project.
The project, conducted by the Wyoming Abandoned Mine Lands Division, aimed to free up vacant lands in the city so they could be developed for housing to help cope with a booming, energy-related demand for affordable homes. The dropping of 25- and 35-ton weights more than 2,300 times over two weeks ended up damaging nearly 20 homes.
Like other lawmakers who toured some of the homes earlier this month, Mead said he was stunned by what he saw.
"There's a shocking amount of damage I've seen here today ... There's some terrible angst involved in all of this," Mead said during an informal meeting with about a dozen homeowners after the tour.
The Jelm rancher, who served as U.S. attorney for Wyoming from 2001 to 2007, urged residents to not wait until the November election in hope that a new governor might fix their problems.
He said homeowners should continue to inform the public of their plight and keep fighting for a fair and equitable solution from the state.
"I'd hate to have you think that this would all change if there were a new governor ... so I would not take my foot off the gas pedal yet, if I were you," Mead said.
"Don't wait for me or anybody to get elected ... keep the throttle going on this," he added. "There is nothing more frustrating than not having any answer or any direction (from the state). I'll try to give you some."
Becky Kelley, the unofficial spokeswoman for the Tree Street residents, said Wednesday she and other homeowners continue to be frustrated with the slow pace of the resolution process.
However, she said residents were heartened by Mead's visit and the handful of recent tours by other area lawmakers.
"We're glad somebody is listening ... these (lawmakers) get really interested once they get here and see the damage to these homes themselves," Kelley said. "They're shocked when they see that we have a legitimate complaint. We hope Matt will make this a campaign issue."
Mead told residents he would study the issue and then send each homeowner a letter in the next few weeks spelling out how he would deal with the issue if he were governor.
'Bureaucratic impasse'
The state sent in engineers to assess 19 damage claims filed by homeowners under a settlement process established by the Abandoned Mine Lands Division in 2008. The state followed up with settlement offers based on the engineers' report, but only two homeowners accepted the state's initial offers.
Homeowners are now pinning their hopes on planned new inspections by structural engineers in the coming year that they believe will finally reveal the true extent of the damage.
On Monday, Sen. Stan Cooper, R-Kemmerer, released a Jan. 20 letter he sent to Gov. Dave Freudenthal after he and other southwest Wyoming lawmakers surveyed the damage during a Jan. 13 tour of nearly a dozen homes.
Cooper said residents affected by the dynamic compaction project are receiving little or no help from the state.
He urged the governor to use budgeted state AML funds to pay for much-needed repairs to damaged homes.
"I write this letter with a great deal of frustration over what appears to be a state governmental bureaucracy that has gone completely 'off the rails,'" Cooper wrote. "One gets the feeling that the State's position is ... if we all just ignore this issue long enough, it will go away.
"It is time that this bureaucratic impasse is lifted and that we get on with the business of assisting these people."
He noted the governor's budget message submitted with the state budget recommendations for the 2011-12 biennium said there will be $116 million available for AML funding. Cooper said much of that funding will not be spent on direct abandoned mine reclamation projects.
"Why is it not possible to use a fairly small amount of these funds to rectify the damage that has been done to these homes," Cooper said in the letter.
"Our legislative attempts in the past have met with claims ... that there is a shortage of funds for the existing AML projects," he continued. "Maybe it's time we divert some of those funds to use for something that they were really intended for."
Contact southwest Wyoming bureau reporter Jeff Gearino at 307-875-5359 or gearino@tribcsp.com
Tuesday, January 26, 2010
Letter to Governor from Sen. Stan Cooper
Sen. Cooper sent this to Becky, and said to put it on the blog.
January 20, 2010
Governor Dave Freudenthal
State Capitol Building
Cheyenne, Wyoming 82002
Re: Tree Street Folks-Rock Springs
Dear Governor Freudenthal;
I write this letter with a great deal frustration over what appears to be a state governmental bureaucracy that has gone completely “off the rails”. I’m referring to what is happening or maybe it would be better defined by what is not happening to help the Tree Street people of Rock Springs. These folks have been unjustly characterized as a bunch of people just looking to make a bundle of money off of the government and they really have no justifiable claim. Nothing could be further from the truth and I believe, Governor, if you had the opportunity to visit these homes you would readily come to the conclusion that the Tree Street Folks have verifiable and justifiable claims against the state for its actions relating directly back to the Dynamic Compaction project.
These people are convinced, and I agree, that they are being completely ignored by the DEQ. As I understand the system, the DEQ is the agency specifically charged with handling abandoned mine problems and reclamation. The claim I hear from the bureaucracy is that the Tree Street Folks have “lawyer’d up” which seems to be an excuse for them to shut down any action on their part to address the grievances of these people. What else could you expect of these people when they’re lives have been upset, their homes wrecked and they are feeling that they have been abandoned by the very system that was meant to protect them. They are receiving little or no help from state government to address the problems that were of no fault of their own. I’m not even sure that the people in state government really understand the consequences of their actions on these people’s lives because of this ill fated state sponsored project. Do they even understand that because of the states actions that these homes, even if repaired, will most likely be rendered unsalable or at best sold at ridiculously low values? One gets the feeling that the State’s position is; if we all just ignore this issue long enough it will just go away!
We all know that the Dynamic Compaction Project in Rock Springs was ill advised and badly planned. This project has caused a tremendous amount of damage to the homes in the Tree Street District. It doesn’t take a geological engineer to connect the dots between this project and the damage to these homes. If someone drops a (35) ton weight (2200) times on a rock formation that has been under-mined and your house is sitting about (1000) feet away on the same formation there is going to be unintended consequences (damage) to that home. These folks have testified to me that every time that (35) tons hit the ground you could see their homes shutter and shake like an earthquake from the impact.
There is particular concern for an area within the Tree Street District where an approved HUD housing apartment complex is located with (59) elderly, disabled and low income tenants residing. There has been extensive damage to this facility to the point that all the stairwells are cracking and many of the fire doors will no longer close properly in order to halt the progress of a fire within the corridors of these buildings. HUD is not a “happy camper” with the situation and is concerned for the safety of the residence of this complex. The apartment managers are concerned also and there is a possibility that the HUD administrators could shut the place down and put all of these people out on the street. I would hate to think that we could be responsible for something like that happening just because we failed to take action on the problem. The people operating this complex do not have the kind of money that it takes to repair the facility in light of the fact that we’re probably talking about foundation stabilization. One home owner in the area has recently spent $69,000 of their own money to stabilize the foundation of their home so one could imagine what it would cost to do an apartment house.
You have the authority, Governor, to recommend that the Tree Street folks have their grievances addressed by the state and that they be fairly compensated for the damages that were incurred as a result of the state sponsored Dynamic Compaction Project. It’s time that this bureaucratic impasse is lifted and that we get on with the business of assisting these people. AML funds could not be used in a better way or for a better reason and for a purpose for which they were originally intended. According to your budget message submitted with the State Budget Recommendations for the 2011-2012 Biennium Budget there will be $116 M available for AML funding; much of which will not be spent on direct abandoned mine reclamation projects. Why is it not possible to use a fairly small amount of these funds to rectify the damage that has been done to these homes by the Dynamic Compaction Project in Rock Springs?
If there is any way legislatively that I can help move an agenda forward to help these people with their plight, I’ll be happy to do so. Our legislative attempts in the past have met with claims generally attributed to the executive branch that there is a shortage of funds for the existing AML projects. Well maybe it’s time that we divert some of those funds to use for something that they were really intended for. I guess I’m having a difficult time keeping that old saying from rattling around in my head: “I’m from the government and I’m here to help”!
Please let me know where the State is on any kind of movement to meet with or address the Tree Street issues.
Sincerely,
Senator Stan Cooper
CC: Senator Marty Martin
Senator John Hastert
Rep. Bill Thompson
Rep. Bernadine Craft
Rep. Stan Blake
Rep. Joe Barbuto
Rep. Allen Jaggi
Rep. Kathy Davison
Tree Street Folks
January 20, 2010
Governor Dave Freudenthal
State Capitol Building
Cheyenne, Wyoming 82002
Re: Tree Street Folks-Rock Springs
Dear Governor Freudenthal;
I write this letter with a great deal frustration over what appears to be a state governmental bureaucracy that has gone completely “off the rails”. I’m referring to what is happening or maybe it would be better defined by what is not happening to help the Tree Street people of Rock Springs. These folks have been unjustly characterized as a bunch of people just looking to make a bundle of money off of the government and they really have no justifiable claim. Nothing could be further from the truth and I believe, Governor, if you had the opportunity to visit these homes you would readily come to the conclusion that the Tree Street Folks have verifiable and justifiable claims against the state for its actions relating directly back to the Dynamic Compaction project.
These people are convinced, and I agree, that they are being completely ignored by the DEQ. As I understand the system, the DEQ is the agency specifically charged with handling abandoned mine problems and reclamation. The claim I hear from the bureaucracy is that the Tree Street Folks have “lawyer’d up” which seems to be an excuse for them to shut down any action on their part to address the grievances of these people. What else could you expect of these people when they’re lives have been upset, their homes wrecked and they are feeling that they have been abandoned by the very system that was meant to protect them. They are receiving little or no help from state government to address the problems that were of no fault of their own. I’m not even sure that the people in state government really understand the consequences of their actions on these people’s lives because of this ill fated state sponsored project. Do they even understand that because of the states actions that these homes, even if repaired, will most likely be rendered unsalable or at best sold at ridiculously low values? One gets the feeling that the State’s position is; if we all just ignore this issue long enough it will just go away!
We all know that the Dynamic Compaction Project in Rock Springs was ill advised and badly planned. This project has caused a tremendous amount of damage to the homes in the Tree Street District. It doesn’t take a geological engineer to connect the dots between this project and the damage to these homes. If someone drops a (35) ton weight (2200) times on a rock formation that has been under-mined and your house is sitting about (1000) feet away on the same formation there is going to be unintended consequences (damage) to that home. These folks have testified to me that every time that (35) tons hit the ground you could see their homes shutter and shake like an earthquake from the impact.
There is particular concern for an area within the Tree Street District where an approved HUD housing apartment complex is located with (59) elderly, disabled and low income tenants residing. There has been extensive damage to this facility to the point that all the stairwells are cracking and many of the fire doors will no longer close properly in order to halt the progress of a fire within the corridors of these buildings. HUD is not a “happy camper” with the situation and is concerned for the safety of the residence of this complex. The apartment managers are concerned also and there is a possibility that the HUD administrators could shut the place down and put all of these people out on the street. I would hate to think that we could be responsible for something like that happening just because we failed to take action on the problem. The people operating this complex do not have the kind of money that it takes to repair the facility in light of the fact that we’re probably talking about foundation stabilization. One home owner in the area has recently spent $69,000 of their own money to stabilize the foundation of their home so one could imagine what it would cost to do an apartment house.
You have the authority, Governor, to recommend that the Tree Street folks have their grievances addressed by the state and that they be fairly compensated for the damages that were incurred as a result of the state sponsored Dynamic Compaction Project. It’s time that this bureaucratic impasse is lifted and that we get on with the business of assisting these people. AML funds could not be used in a better way or for a better reason and for a purpose for which they were originally intended. According to your budget message submitted with the State Budget Recommendations for the 2011-2012 Biennium Budget there will be $116 M available for AML funding; much of which will not be spent on direct abandoned mine reclamation projects. Why is it not possible to use a fairly small amount of these funds to rectify the damage that has been done to these homes by the Dynamic Compaction Project in Rock Springs?
If there is any way legislatively that I can help move an agenda forward to help these people with their plight, I’ll be happy to do so. Our legislative attempts in the past have met with claims generally attributed to the executive branch that there is a shortage of funds for the existing AML projects. Well maybe it’s time that we divert some of those funds to use for something that they were really intended for. I guess I’m having a difficult time keeping that old saying from rattling around in my head: “I’m from the government and I’m here to help”!
Please let me know where the State is on any kind of movement to meet with or address the Tree Street issues.
Sincerely,
Senator Stan Cooper
CC: Senator Marty Martin
Senator John Hastert
Rep. Bill Thompson
Rep. Bernadine Craft
Rep. Stan Blake
Rep. Joe Barbuto
Rep. Allen Jaggi
Rep. Kathy Davison
Tree Street Folks
Tuesday, January 19, 2010
Damages from 2007 man-made quakes still irking Wyo. residents
January 18th, 2010 @ 4:07pm
By John Hollenhorst
ROCK SPRINGS, WYO. -- More than two years after a government project shook them up with a lengthy series of small, deliberate earthquakes, homeowners in southwest Wyoming are getting increasingly irate.
They say their homes are damaged, that it's getting worse and that the government isn't fixing it.
Residents in a neighborhood of Rock Springs, Wyo., have been agitating for government money to fix the damage since 2007.
Although some officials have suggested the problems are exaggerated or caused by something else, residents are hoping this is the year they finally get repair moneyIn 2007, KSL told the story about the people of Rock Springs who were startled one day when the ground suddenly began to move.
Esther Shafe, a local resident, told KSL, "The house, it would jump. And it would also vibrate."
"It bounced my son out of the bed. And my son's, like, 210 [pounds]!" said resident Becky Kelley.
The cause was a pair of enormous weights, about 25 tons each, dropped repeatedly by a crane. It was government action to collapse old coal mines lying under the town of Rock Springs.
Now, government inaction has residents frustrated. Going on three years later, they sent home video to KSL to show damage is getting worse -- things like cracks in walls and ceilings, doors that don't fit any more, foundations buckling, and walls bulging ominously were just some of the effects of the shaking.
Wyoming lawmakers invited for a home tour were surprised at how bad it is.
"This really just tore through here doing some damage," said one Wyoming lawmaker after seeing a local house.
Residents say they've been advised by the Wyoming Attorney General's office not to make repairs until the state does an assessment.
In the meantime, some have settled for quick fixes.
"So you just kind of put putty in a hole or stuff a pillow in a window, whatever we have to do to get by until the next day," said Kelley. Another resident, Karla McAffee, spent $50,000 just to avoid disaster. "We're out of money, and we're just taking care of what has to be done to preserve the house at this point. If we hadn't done it, the house would have fallen in."
Many on the Wyoming Legislature say the inaction is unacceptable. Sen. John Hastert said, "For the people to have to sit and wait, it's not right."
In the past, some officials have argued the pounding was meant to be a good thing, to collapse abandoned mines that damaged homes and caused dangers for decades. And they argued there's no proof the pounding is what damaged the homes.
Still, some lawmakers are vowing to press for action in the upcoming session of the Wyoming Legislature.
E-mail: hollenhorst@ksl.com
By John Hollenhorst
ROCK SPRINGS, WYO. -- More than two years after a government project shook them up with a lengthy series of small, deliberate earthquakes, homeowners in southwest Wyoming are getting increasingly irate.
They say their homes are damaged, that it's getting worse and that the government isn't fixing it.
Residents in a neighborhood of Rock Springs, Wyo., have been agitating for government money to fix the damage since 2007.
Although some officials have suggested the problems are exaggerated or caused by something else, residents are hoping this is the year they finally get repair moneyIn 2007, KSL told the story about the people of Rock Springs who were startled one day when the ground suddenly began to move.
Esther Shafe, a local resident, told KSL, "The house, it would jump. And it would also vibrate."
"It bounced my son out of the bed. And my son's, like, 210 [pounds]!" said resident Becky Kelley.
The cause was a pair of enormous weights, about 25 tons each, dropped repeatedly by a crane. It was government action to collapse old coal mines lying under the town of Rock Springs.
Now, government inaction has residents frustrated. Going on three years later, they sent home video to KSL to show damage is getting worse -- things like cracks in walls and ceilings, doors that don't fit any more, foundations buckling, and walls bulging ominously were just some of the effects of the shaking.
Wyoming lawmakers invited for a home tour were surprised at how bad it is.
"This really just tore through here doing some damage," said one Wyoming lawmaker after seeing a local house.
Residents say they've been advised by the Wyoming Attorney General's office not to make repairs until the state does an assessment.
In the meantime, some have settled for quick fixes.
"So you just kind of put putty in a hole or stuff a pillow in a window, whatever we have to do to get by until the next day," said Kelley. Another resident, Karla McAffee, spent $50,000 just to avoid disaster. "We're out of money, and we're just taking care of what has to be done to preserve the house at this point. If we hadn't done it, the house would have fallen in."
Many on the Wyoming Legislature say the inaction is unacceptable. Sen. John Hastert said, "For the people to have to sit and wait, it's not right."
In the past, some officials have argued the pounding was meant to be a good thing, to collapse abandoned mines that damaged homes and caused dangers for decades. And they argued there's no proof the pounding is what damaged the homes.
Still, some lawmakers are vowing to press for action in the upcoming session of the Wyoming Legislature.
E-mail: hollenhorst@ksl.com
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