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JAMES A. BECKWITH <br />LETTER TO JAMES R. STARK, DRMS / COMMENTS TO PROPOSED DECISION ON SNOWCAP REPAIR PLAN / PG. 11 <br />5. Whether there exist on Fontanari Tract #71 surface subsidence depressions, and, <br />if so, whether those depressions are related to the collapse of room and pillar caverns in the <br />South Portal Mine. <br />6. Whether there exist surface subsidence depressions, sinkholes and subsurface <br />damages on Fontanari lands other than Tract #71 and, if so, whether those depressions are related <br />to the collapse of room and pillar caverns in the South Portal Mine. <br />7. Whether Snowcap Coal Company had actual or inquiry knowledge of surface and <br />subsurface subsidence conditions on Fontanari lands other than Tract #71 and, if so, the reasons, <br />if any, why Snowcap Coal Company refused to investigate, report and propose repair of the <br />same. <br />8. Whether Snowcap Coal Company's refusal to repair other subsidence damages on <br />Fontanari tracts other than Tract #71 was knowing, willful and deliberate. <br />9. Whether DRMS personnel know or reasonably should have known after <br />inspection, of subsidence damage, both surface and sub -surface, on Fontanari land tracts other <br />than Tract #71 and the reasons, if any, why DRMS has refused to enforce against Snowcap Coal <br />Company the December 21, 2015, "Commitments" as a condition of Permit C-1981-041. <br />10. The scope and financial character of permanent injuries to Fontanari lands <br />damaged by the Snowcap Repair Plan, including, but not limited, to: (a) the lost value of basaltic <br />minerals prohibited from extraction after installation of the "grout plugs" in Fontanari Tract 471 <br />as proposed by Snowcap Coal; (b) lost arability of lands after installation of the "grout plugs"; <br />and, (c) diminution in or destruction of the value of water rights in the Martin Crawford Ditch as <br />a result of inability to irrigate lands in Tract #71 and all other lands owned by Fontanari. <br />11. An accurate layout of the sub -surface rooms, pillars and caverns of the South <br />Portal Mine during operation thereof by Powderhorn Coal Company and Snowcap Coal <br />Company (both of which were managed by Mr. James E. Stover). <br />12. Whether sound science and engineering principles support the "grout plug" <br />reclamation and repair plan proposed by Snowcap Coal. <br />13. Whether there is competent evidence supporting a DRMS decision to approve the <br />Snowcap Repair Plant, together with a reliability that such repair plan will, in fact, produce the <br />results claimed by Snowcap and its consultants. <br />14. The impact, if any, of the Snowcap Repair Plan upon existing water pipelines and <br />other installations made by the Ute Water Conservancy District and whether Snowcap's Repair <br />Plan properly protects such installations from present or future injury resulting from Snowcap's <br />excavations and repairs, as set forth in the November 16, 2016, correspondence from Ute Water <br />District. <br />