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While we are uncertain as to the timeliness of these standards with respect to <br />the onset of operations in the Roadside Portals (Permit No. C-1981-041), the <br />damages resulting from operations are apparent, and material. Specifically: <br />1. Subsidence features have been apparent on the surface, and <br />continue to develop periodically. <br />2. Subsidence features cross the perceived permitted boundaries, <br />indicating a potential misidentification of extracted resources. <br />(Reference C.R.S. 34-24-102(1) and C.R.S. 34-24-105(2) ). <br />3. Hydrology has been adversely affected due to subsidence, and <br />potentially an inadequate subsidence retention program: <br />■ Irrigation canal grading/paths have moved over time, <br />necessitating routine, excessive maintenance of the <br />irrigation canals. <br />• Surface irrigation needs seem excessive, and it is believed <br />that surface water is unintentionally drained into subsurface <br />subsidence features. <br />■ Water retention features (small ponds) lose water at a pace <br />that is believed to be well in excess of standard <br />evaporation/percolation. Queries regarding excessive water <br />have come from the former subsurface mine operator. <br />■ Agricultural development on the once -irrigated land above <br />the permitted areas is unlikely due to the subsidence' effects <br />on hydrology. <br />4. Subsequent land owners may claim that Western Slope Flagstone <br />is liable for hydrology changes, when the causes for subsidence in <br />the area are clearly related to the subsurface mining activities <br />With these things in mind, we respectfully request: <br />• a denial of the bond release application, and <br />• a denial of disengagement from the responsibilities for mitigating <br />damages. <br />Respectfully, <br />Rudolph Fontanari, Jr. <br />Western Slope Flagstone LLC <br />3-2 <br />