Laserfiche WebLink
JAMES A. BECKWITH <br />ATTORNEY & COUNSELOR AT LAW <br />303-883-4433 <br />ITHAMER47@gmail.com <br />February 16, 2017 <br />Mr. James R. Stark <br />Senior Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining & Safety <br />1313 Sherman St., Suite 215 <br />Denver, CO 80203 <br />5460 WARD ROAD, SUITE 120 <br />ARVADA, CO 80002 <br />RE: Permit Holder: Snowcap Coal Company <br />Permit: C-1981-041 <br />Subject: Order to Revise Permit (October 16, 2015) <br />Topic: Comments to Proposed Decision Approving Snowcap Repair Plan <br />Demand for Evidentiary Administrative Hearing before A.L.J. <br />Description of Hearing Issues <br />Dear Mr. Stark: <br />On behalf of Mr. Rudolph Fontanari, Jr., and Ethel Carol Fontanari, Trustees of the <br />Rudolph and Ethel Fontanari Revocable Living Trust. ("Fontanari", collectively), I am <br />submitting this letter as their Comments to the Proposed Decision Approving Snowcap Repair <br />Plan (TR -69), issued by DRMS on January 30, 2017. <br />Procedural History <br />On December 21, 2015, Snowcap consented to the amendment of its Permit C-1981-041 <br />and committed itself to submitting an Investigative Report of all or potential circumstances of <br />hydrologic communication between surface water and collapsed mines underlying lands owned <br />by Fontanari and Mr. Jason Carey. Pursuant to those Commitments, Snowcap submitted its <br />initial Investigative Report on April 29, 2016. Fontanari filed its Response to that Report on <br />May 6, 2016. On September 27, 2016, Snowcap submitted its Damage and Repair Plan: which <br />Plan was deemed complete on October 7, 2016. On October 27, 2016, Fontanari filed with <br />DRMS its Response to Snowcap Hydrologic Communication Repair Plan, which response also <br />included Submission of Fontanari Repair Plan: which filing was receipted by DRMS. On <br />November 14, 2016, DRMS wrote to Mr. Steve Ryken, of Ute Water Conservancy District, <br />advising Ute Water of the Snowcap Repair Plan. On November 17, 2016, Ute Water responded <br />stating its concerns about the Snowcap plan and wishing further participation in the proceeding. <br />Notably, DRMS did not give notice or copy to Fontanari or Carey of its letter to Ute Water <br />