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R. GREGORY STUTZ <br />ATTORNEY AT LAW <br />IRONWOOD OFFICE <br />6746 SALVIA COURT <br />ARVADA, COLORADO 80007 <br />TEL. (303) 424-3484 <br />CELL (303) 475-4109 <br />RGSTUTZOUSA.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 />Re: Permit No. C-1981-041, Snowcap Coal Company <br />Dear Mr. Bowles: <br />Brock.bowles @state.co.us <br />As legal counsel to Jason Carey, this letter constitutes a Response to the <br />Subsidence Damage and Repair Plan ("Plan") filed on September 27, 2016, by <br />Snowcap Coal Company ("Snowcap"). We join in the letter of even date herewith <br />sent to your agency by James A. Beckwith, counsel for Fontanari (as identified in <br />his letter) and adopt the same position regarding the Snowcap Plan and proposed <br />corrective action. The statements set forth in that letter are incorporated herein <br />by reference. This letter will also address issues in addition to the Fontanari <br />letter and specific to Mr. Carey's property. <br />Based upon the scientific and technical information supplied to your agency by <br />experts for the Fontanari Group, it should be obvious that there is no realistic <br />way to restore the Carey Property to its condition prior to mining operations or <br />prevent further subsidence. There will be continued subsidence for many years <br />to come, something that will have a substantial effect upon Mr. Carey's ability to <br />use his property for agricultural, mining or other purposes. Thus trust funds are <br />going to be needed to deal with further instances of subsidence and the causes <br />thereof. Mr. Carey is willing to do his part to reduce such instances by utilizing <br />drip or sprinkler irrigation rather than flood irrigation, as recommended in the <br />Douglas Dean Report. <br />Trust funds need to be available for repairing those areas on the Carey Property <br />where subsidence has occurred and where subsidence occurs in the future, as <br />well as converting and maintaining the irrigation system and drainage patterns. <br />This is something that will require the installation and maintenance of a drip and <br />