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.
Sunday, February 28, 2010
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
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