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JAMES A. BECKWITH <br />LETTER TO BROCK BOWLES, CO DRMS / SNOWCAP COAL COMPANY RECLAMATION / PG. 16 <br />proposing their own Repair Plan to DRMS. The amount of attorney fees must be established by <br />affidavit from counsel for these parties. At present, however, attorney fees (without including <br />consultants) incurred by Fontanari exceed $53,000. <br />Snowcap Coal should be removed from direct involvement or oversight of the <br />reclamation process upon: (a) deposit of $2,462,975 in cash funds into a trust fund; (b) <br />submission of accurate mining maps showing Powderhorn Coal Company's mining activities <br />during the period 1981-2003; (c) delivery to DRMS, Fontanari and Carey all reports, studies, and <br />other written memoranda evidencing Snowcap's analysis — whether directly or through <br />consultants — of all Fontanari and Carey lands; and, (d) payment of the attorney fees award <br />requested under C.R.S. 34-33-135(6). <br />Removal of Snowcap Coal, and its consultants, from the reclamation process is essential. <br />As shown in its Plan, together with is knowing, willful and deliberate refusal to honor its <br />Commitment, it is clear that Snowcap is more a hindrance than a help in reclaiming the land. <br />Removal of Snowcap from direction and oversight, however, is not a release by Fontanari or <br />Carey of claims against Snowcap for future subsidences not presently known. Under Tatum v. <br />Basin Resources, Inc. (Supra) Snowcap remains liable for all these future costs. <br />Accordingly, Mr. Rudolph Fontanari, Jr., and Ethel Carol Fontanari, Trustees of the <br />Rudolph and Ethel Fontanari Revocable Living Trust request that the Colorado Division of <br />Reclamation Mining and Safety reject and dismiss, in its entirety, the Hydrologic Repair Plan <br />proposed by Snowcap Coal Company, Permit No. C1981041, and, further, that this Division <br />adopt, in toto, the Repair Plan proposed by the Fontanari Group, including the award and <br />payment of attorney fees incurred by the Fontanari Group. <br />Respectfully submitted, <br />Mr. James A. Beckwith <br />Attachments <br />Mr. Rudolph Fontanari, Jr. Mr. David Fox, P.E. Mr. James M. Stover, P.E. <br />Mr. Jason Carey, P.E. Mr. Gregory Stutz, Esq. Mr. Scott Schultz, AAG <br />Mr. Ken M. Walter <br />