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JAMES A. BECKWITH LETTER TO BROCK BOWLES, CO DRMS / SNOWCAP COAL COMPANY RECLAMATION / PG. 4 Salardino 245 P.2d. 461 (1952)] SEE: Vikell Investors Pacific Inc. v. Kip Hampden, Ltd. 946 P.2d. 589 (Colo. App. 1997) (affirming the rule of strict liability). Second, the April 13, 1987 Policy Memorandum signed and issued by Director David Shilt does not state nor does it imply that "...most, if not all, subsidence occurs within three years after mining....". Instead, the Memorandum states:9 "The liability period for underground workings need only continue for the duration of mining operations and a reasonable time period thereafter to include full subsidence effects ... The Division may release the bond or reclamation liability for underground workings only after all mining in the area is complete and the major subsidence effects, if any, have been manifested. For areas of extraction the liability period shall be a minimum of three years after mining. These time frames may be adjusted on (a) case by case basis based on subsidence monitoring data, depth of cover, extraction methods, topography, land use, and other relevant information. " (Emphasis Supplied) Third, DRMS, itself, makes the following public statement in its Subsidence Above Inactive Coal Mines; Information for the Homeownerlo: "When And How Much Subsidence Can Occur? ...In the case of room and pillar mining, particularly where the mines are inaccessible and records may not exist, accurate predictions of when and how much subsidence may occur are not possible. [Pg. 11 ] (Emphasis Supplied) It is to be noted that Snowcap, and its predecessor, Powderhorn Coal Company, never filed or recorded mine maps of the South Portal Mine. The maps used by DRMS and Fontanari were created and filed by GCX Mining based on 1978 workings. Powderhorn did additional work in the South Portal Mine in the 20 year working period from 1981 to 2001. What those works actually were is unknown by Fontanari and DRMS because Powderhorn and Snowcap have refused to disclose their working mine maps to DRMS or anyone else! Fourth, Tatum v. Basin Resources, Inc. 141 P.M. 863 (Colo. App. 2005) dealt with repeated claims by a surface owner against a mine operator. In 1992, the first subsidence claim was made and settled. In 2001 the second subsidence claim was made. The mining operator asserted that the first settlement foreclosed the second claim. The Court of Appeals disagreed and allowed repeated claims resulting from continuing subsidence problems. [Id at Pg. 868] Perhaps, Mr. Stover meant to say that subsidence is an "acknowledged result of room and pillar mining" instead of asserting that Colorado courts, agencies and statutes deem surface 9 Id.; Attachment 4 10 J.F. Turney (1985); Updated by Al Amundson, Cella Greenman and Bruce K. Stover (2009); A joint publication of the Colorado Department of Natural Resources, Division of Reclamation, Mining & Safety and the Colorado Geological Survey.