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1111HO(SKIN Terrance
<br />L. Farina
<br />'rcrrancc L. Farina
<br />Gregg K Kampf
<br />IFAQINA
<br />David A Younger
<br />David M. Scanga
<br />Michael I. Russell
<br />Zahn 9.1[owe
<br />Arvada, CO 80007 Kaoline M. Henning
<br />WdLam H. Ncl:on
<br />Re: Permit No. C-1981-041, Snowcap Coal Company (1926 1992)
<br />Landowner Consent Request
<br />Dear Mr. Stutz:
<br />We understand that you represent Mr. Jason Carey ("Carey"), the owner of certain
<br />real property located in the SETA SWIA of Section 34, Township 10 South, Range 98 West
<br />of the 6`h Principal Meridian, in Mesa County, Colorado (the "Carey Property"). As you
<br />know, Snowcap Coal Company ("SCC") holds permit number C-1981-041 (the "Permit") for
<br />the Roadside Portals underground coal mining operation located, in small part, under Carey's
<br />Property. While the Roadside Portals Mine has not been operational since the late 1990s,
<br />SCC continues to have reclamation and bonding obligations on parts of the original Permit
<br />area.
<br />In response to SCC's eighth bond release request application filed with Colorado's
<br />Division of Reclamation, Mining, and Safety (the "Division"), the Division issued a
<br />proposed order on October 8, 2015 (the "October 2015 Order"). The October 2015 Order
<br />partially released SCC's bond, but it also generally required SCC to investigate newly
<br />identified conditions of hydrological communication existing between the underground
<br />workings of the Roadside Portals Mine and the properties overlying these workings
<br />belonging to Rudolph Fontanari, Jr. and Ethel Fontanari, as trustees of the Rudolph and Ethel
<br />Fontanari Revocable Living Trust ("Fontanari"), and to Carey. The October 2015 Order also
<br />required SCC to develop a plan to repair any such hydrologic communication, prepare a
<br />reclamation plan for any surface disturbances associated with those planned reclamation
<br />efforts, and complete the repair and reclamation activities required by those plans (the
<br />"Repair and Reclamation Plan").
<br />In accordance with the October 2015 Order, SCC recently submitted its Repair and
<br />Reclamation Plan as part of an application for a technical revision of the Permit on
<br />September 27, 2016. The investigations completed by SCC determined that there is no
<br />200 Grand Avenue, Suite 400
<br />ie Cahill
<br />1KAMPF
<br />Post Office Box 40
<br />Denter
<br />234 North Main Street, Suite 3A
<br />Grand Junction, Colorado 81502
<br />avidLau
<br />M.
<br />David M. nodcro
<br />Gunnison, Colorado 81230
<br />telephone 970.986.3400
<br />Denver, Colorado 8022,
<br />telephone 970.641.4531
<br />f 970.641.4532
<br />fax 970.986.3401
<br />Andrew 11.'re ke
<br />PROFESS10NAL tORPONATION
<br />InhnP.Iuslus
<br />New 12116
<br />David A. Price
<br />November 15, 2016
<br />Anthony F. Muster
<br />Tammy M. Ere(
<br />L. Richard (Dick) Bratton
<br />William A. 11111house 11
<br />R. Gregory Stutz
<br />" Eliza F, Hillhouse
<br />Ironwood Office
<br />Michael H. Luedtke
<br />Daniel P. Fitzgerald
<br />6746 Salvia Court
<br />Nicholas H. Cower
<br />Kehanvic Climbeflain
<br />Arvada, CO 80007 Kaoline M. Henning
<br />WdLam H. Ncl:on
<br />Re: Permit No. C-1981-041, Snowcap Coal Company (1926 1992)
<br />Landowner Consent Request
<br />Dear Mr. Stutz:
<br />We understand that you represent Mr. Jason Carey ("Carey"), the owner of certain
<br />real property located in the SETA SWIA of Section 34, Township 10 South, Range 98 West
<br />of the 6`h Principal Meridian, in Mesa County, Colorado (the "Carey Property"). As you
<br />know, Snowcap Coal Company ("SCC") holds permit number C-1981-041 (the "Permit") for
<br />the Roadside Portals underground coal mining operation located, in small part, under Carey's
<br />Property. While the Roadside Portals Mine has not been operational since the late 1990s,
<br />SCC continues to have reclamation and bonding obligations on parts of the original Permit
<br />area.
<br />In response to SCC's eighth bond release request application filed with Colorado's
<br />Division of Reclamation, Mining, and Safety (the "Division"), the Division issued a
<br />proposed order on October 8, 2015 (the "October 2015 Order"). The October 2015 Order
<br />partially released SCC's bond, but it also generally required SCC to investigate newly
<br />identified conditions of hydrological communication existing between the underground
<br />workings of the Roadside Portals Mine and the properties overlying these workings
<br />belonging to Rudolph Fontanari, Jr. and Ethel Fontanari, as trustees of the Rudolph and Ethel
<br />Fontanari Revocable Living Trust ("Fontanari"), and to Carey. The October 2015 Order also
<br />required SCC to develop a plan to repair any such hydrologic communication, prepare a
<br />reclamation plan for any surface disturbances associated with those planned reclamation
<br />efforts, and complete the repair and reclamation activities required by those plans (the
<br />"Repair and Reclamation Plan").
<br />In accordance with the October 2015 Order, SCC recently submitted its Repair and
<br />Reclamation Plan as part of an application for a technical revision of the Permit on
<br />September 27, 2016. The investigations completed by SCC determined that there is no
<br />200 Grand Avenue, Suite 400
<br />• Gunnison
<br />Post Office Box 40
<br />Denter
<br />234 North Main Street, Suite 3A
<br />Grand Junction, Colorado 81502
<br />Post Office Box 27419
<br />Gunnison, Colorado 81230
<br />telephone 970.986.3400
<br />Denver, Colorado 8022,
<br />telephone 970.641.4531
<br />f 970.641.4532
<br />fax 970.986.3401
<br />Telefax 720 6631 940
<br />941
<br />TR-69
<br />+ Uffillf"M +
<br />New 12116
<br />
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