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JAMES A. BECKWITH <br />CORRECTIONS TO SNOWCAP 12.6.16 RESPONSE TO DRMS 1 1.4.16 INQUIRY / PG. 2 <br />• t Y <br />In its Response, SCC asserts that it did not receive a "Notice of Intent" relating to these <br />borings or test pits. I believe that is error. Research in DRMS' Regulations for Coal Mining [4 <br />C.C.R. 4072-2; 2016] does not disclose any rule requiring the landowner to give such a notice. <br />SCC did sell Parcel 71 to Fontanari in 2003, but the terms of that deed [Attachment #4] do not <br />contain any requirement that Fontanari give any notice to SCC regarding any matter. As a <br />professional courtesy, I ask SCC to provide the rule or contract term to which it refers. In default <br />of such citation, it can only be concluded that Mr. Fontanari did not violate any rule or contract <br />requirement by conducting the borings or test pit excavations. <br />DRMS raised the question of Mr. Fontanari's rights to the Martin Crawford Ditch. <br />[DRMS Ltr; Item #6] SCC correctly stated it did not need to respond. Public records, after all, <br />speak for themselves. On October 26, 2016, Mr. Fontanari provided DRMS and SCC a very <br />comprehensive Report from Mr. David Fox, P.E., regarding the Martin Crawford Ditch. Fox <br />Appendices B, C, and D include water decrees, structure history and abandonment list. Mr. <br />Fontanari has ownership of a decreed 5.3 cfs in the Martin Crawford Ditch. If DRMS needs the <br />full title history relating to Mr. Fontanari's land holdings in this area, we will be happy to <br />comply. These are, after all, public records. <br />Finally, DRMS requested whether it is the lack of water to the ground which imperils Mr. <br />Fontanari's preservation of his rights in the Martin Crawford Ditch. [1d. ] SCC stated that it did <br />not need to respond. That, again, is error. The most pressing issue for Rudy Fontanari is his <br />inability to apply the diverted water to irrigation of crops. He cannot transmit 100% of diverted <br />water through the Martin Crawford Ditch (subsidence damages to ditches and pipelines) and any <br />application of water to Parcel #71 is immediately lost due to surface and sub -surface sinkholes <br />and fissures). The inability to irrigate the land threatens the ability to retain the water rights in <br />full force. Mr. Fontanari has raised this issue with DRMS and SCC since August, 2014, and it <br />remains the core issue. This issue is not "rocket science" and it does not require an abstractor's <br />interpretation of titles. <br />Hopefully, the foregoing corrections will make for a clear record before DRMS for all <br />parties. Should you have any questions, do not hesitate to contact me. <br />Yours truly,n <br />James A. Beckwith <br />- <br />Enclosures <br />cc: Mr. Gregory Stutz, Esq. <br />Mr. Jason Carey, P.E., landowner <br />Mr. Rudy Fontanari, Jr., landowner <br />Ms. Tonya Hammond, SCC Rep. <br />Ms. Janet Binns, DRMS <br />