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JAMES A. BECKWITH <br />ATTORNEY & COUNSELOR AT LAW <br />303-883-4433 <br />ITHAMER47@gmail.com <br />October 27, 2016 <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 />5460 WARD ROAD, SUITE 120 <br />ARVADA, CO 80002 <br />RE: Permit Holder: Snowcap Coal Company <br />Permit: C-1981-041 <br />Subject: Order to Revise Permit (October 16, 2015) <br />Topic: Response to Snowcap Hydrologic Communication Repair Plan <br />Dear Mr. Bowles: <br />On behalf of Mr. Rudolph Fontanari, Jr., and Ethel Carol Fontanari, Trustees of the <br />Rudolph and Ethel Fontanari Revocable Living Trust. ("Fontanari", collectively), I am <br />submitting this letter as their Response to the Subsidence Damage and Repair Plan ("Plan") filed <br />on September 27, 2016, by Snowcap Coal Company ("Snowcap"). <br />Procedural History <br />On December 21, 2015, Snowcap committed itself to submitting an Investigative Report <br />of all or potential circumstances of hydrologic communication between surface water and <br />collapsed mines underlying lands owned by Fontanari. Snowcap submitted its initial <br />Investigative Report on April 29, 2016. Fontanari filed its Response to that Report on May 6, <br />2016. On September 27, 2016, Snowcap submitted its Damage and Repair Plan: which Plan was <br />deemed complete on October 7, 2016. Public notice of Snowcap's Plan was published in the <br />Grand Junction Daily Sentinel on October 17, 2016: making this Response due on October 27, <br />2016. In accordance with DRMS rules, a Proposed Decision must be issued on or before <br />December 7, 2016. <br />Overview and Introduction <br />Snowcap is subject to statutory duties to reclaim lands damaged by subsidence from mine <br />cavern collapses; to posting adequate bonds to cover the reclamation costs; and, when necessary, <br />