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Mr. R. Gregory Stutz <br />Page 2 <br />November 15, 2016 <br />evidence of a hydrologic communication between the vertical shaft in the pond located on <br />the Carey Property to the underground workings of the Roadside Mine. However, as a <br />goodwill gesture, SCC proposed, as part of its Repair and Reclamation Plan, to seal that <br />vertical shaft as a preventative measure, even though there is no current obligation to do so <br />(since there is no existing hydrologic communication). Following its publication, Fontanari <br />filed written objections and comments on the technical revision application and its proposed <br />Repair and Reclamation Plan on October 27, 2016. Through your letter to the Division, also <br />dated October 27, Carey joined in Fontanari's response. <br />On November 4, the Division issued its adequacy review comments with respect to <br />SCC's technical revision application and its Repair and Reclamation Plan (the "Comments"). <br />As part of its Comments, the Division requested that SCC provide a letter from the <br />landowner concurring with the proposed reclamation plan for this hydrological repair. We <br />therefore write to request that Carey provide SCC with the consent and concurrence letter <br />sought by the Division, and grant SCC permission to enter Carey's Property to complete the <br />gratuitous reclamation work in that area. <br />If we do not receive a letter from Carey concurring with the proposed remediation <br />actions for the shaft in the Carey pond and granting SCC permission to enter Carey's <br />Property to perform its proposed remediation actions within ten (10) business days, SCC will <br />propose to DRMS that any work on the vertical shaft in Carey's pond be removed from its <br />proposed Repair and Reclamation Plan, based on the facts stated above that there is no <br />existing hydrologic connection which requires repair and reclamation. <br />Please do not hesitate to contact me if you wish to discuss this matter. We look <br />forward to hearing from you. <br />Sincerely, <br />HOSKIN FARINA & KAMPF <br />Professional qorporation <br />Jo P. Justus <br />JPJ:KMIJ <br />TR -69 A14-5-68 New 12/16 <br />