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303-883-4433 <br />ITHAMER47@gmail.com <br />January 5, 2017 <br />JAMES A. BECKWITH <br />ATTORNEY & COUNSELOR AT LAW <br />SCPNNEO <br />Mr. James R. Stark <br />Division of Reclamation, Mining & Safety <br />1313 Sherman St., Suite 215 <br />Denver, CO 80203 <br />RE: Permit: C1981041 <br />Permit Holder: Snowcap Coal Company <br />Docket: TR -69 (Partial Bond Release) <br />Dear Mr. Stark: <br />5460 WARD ROAD, SUITE 120 <br />ARVADA, CO 80002 <br />R���,IV�D <br />JAN 1 � Zn1T <br />pivision of <br />& ReSa{ety�on <br />M�n�ng <br />On November 4, 2016, DRMS requested from Snowcap Coal Company (SCC) data <br />regarding certain statements made by me in the Fontanari Response to SCC Repair Plan. <br />DRMS never served this request upon my office. SCC did its best to respond. But, in all <br />fairness to SCC, it was never involved in the actions about which DRMS made inquiry — at least <br />those referenced in this letter. Accordingly, my desire here is to set the record straight, for future <br />use by DRMS, SCC and all other parties. <br />On May 6, 2016, the Fontanari Objections to SCC Investigative Report was filed with <br />DRMS and a copy delivered to SCC. Fontanari Appendix F was a survey plat constructed by <br />Mr. Walter Eldridge, PLS 11980, labeled "Subsidence Study". I am enclosing an enlarged <br />version of that plat. [Attachment #1] For reference, I have drawn a red circle around the <br />southern five boring locations, and the two test pits. I am also enclosing an enlarged version of <br />the Xcel Energy Easements also prepared by Mr. Eldredge. [Attachment #2] The ten northern <br />and five south borings, as well as the two test pits, are shown in this plat. This plat has not <br />previously been filed with DRMS and, of course, your office never inquired of Mr. Fontanari <br />about the boring locations. For some reason, you asked SCC, who was never involved in the <br />boring project and could not be expected to have known its details. <br />The bores were 4" in diameter, and only went to the depth at which bedrock sandstone <br />was encountered: generally 30-50 ft. below surface. The bores were made to determine the <br />depth of basaltic material as a tool in easement negotiations with Xcel Energy. On October 26, <br />2016, Fontanari Appendices P-1 and P-3 were submitted to DRMS and SCC: showing the two <br />test pits dug by Mr. Fontanari in Fall, 2015. [Attachment #3] The Carey test pit was 37 ft. <br />deep, while the other test pit was 23 ft. deep. Both were approximately 8 ft. in width. All <br />borings and test pits were backfilled, compacted and reclaimed to the landowner's satisfaction. <br />