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303-883-4433 <br />ITHAMER47@gmail.com <br />JAMES A. BECKWITH <br />ATTORNEY & COUNSELOR AT LAW <br />RECEIVED <br />5460 WARD ROAD, SUITE 120 <br />ARVADA, CO 80002 <br />MAY 00 2016 <br />May 6, 2016 Division of Reclamation, <br />Mining & Safety <br />Mr. Brock Bowles <br />Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining & Safety <br />1313 Sherman St., Suite 215 <br />Denver, CO 80203 <br />RE: Permit Holder: Snowcap Coal Company <br />Permit: C-1981-041 <br />Subject: Order to Revise Permit (October 16, 2015) <br />Dear Mr. Bowles: <br />My office represents Mr. Rudolph Fontanari, Jr., and Rudolph Fontanari, Jr. and Ethel <br />Carol Fontanari, Trustees of the Rudolph and Ethel Fontanari Revocable Living Trust, with <br />reference to all matters pertaining to the reclamation of surface subsidence and other damages <br />under Permit No. C-1981-041 issued to Snowcap Coal Company (SCC) for the South Portal <br />Mine (f/k/a Roadside South Mine). In accordance with its Commitments, dated December 21, <br />2015, Snowcap has filed a Report of Investigation to comply with DRMS Order to Revised <br />Permit, dated October 16, 2015. Please consider this letter the Fontanari reponse to that report, <br />and the Fontanari request for further investigation. <br />Agency Background <br />On June 11, 2014, SCC reported to DRMS the presence of extraordinary water volumes <br />in the South Portal Mine. Field investigation revealed that irrigation water applied to the surface <br />of one Fontanari property (Tract 71) "seemed to disappear into the ground" through a surface <br />sinkhole and flowing directly into the mine cavern. This was confirmed by DRMS examination <br />of the french drain installed at the seal of the South Portal. On July 1, 2014, Mr. Michael <br />Boulay, of DRMS, submitted DRMS Incident Report (6.11.2014) [Appendix A] This direct <br />connection between surface water and mine inflow has never been disputed by DRMS or <br />Snowcap Coal. <br />In 2013, SCC filed its Application No. SL -08: requesting partial release of its <br />Reclamation Bond for certain surface properties. The geographic scope of SL -08 did not include <br />Fontanari Tract 71; did not include other Fontanari lands; and, did not include the Jason Carey <br />property. From the requested scope of SL -08, DRMS excluded parcels belonging to Hasstedt, <br />