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R. GREGORY STUTZ <br />ATTORNEY AT LAW <br />IRONWOOD OFFICE <br />6746 SALVIA COURT <br />ARVADA, COLORADO 80007 <br />TEL. (303) 424-3484 <br />CELL (303) 475-4109 <br />RGSTUTZ@USA.COM <br />February 15, 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 />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 />This letter constitutes a Response and Comments of Jason Carey (Carey) to the <br />Proposed Decision Approving Snowcap Repair Plan (TR -69), issued by the <br />Division Of Reclamation Mining And Safety on January 30, 2017. As with our <br />previous correspondence and filings, we concur with and join in the Comments to <br />Proposed Decision Approving Snowcap Repair Plan and Demand for Evidentiary <br />Administrative Hearing before A.L.J. filed with DRMS by Rudolph Fontanari, Jr., <br />and Ethel Carol Fontanari, Trustees of the Rudolph and Ethel Fontanari <br />Revocable Living Trust (Fontaneri). The statements contained in those <br />Comments are incorporated in this letter by reference. This Response will also <br />address issues in addition to the Fontanari Comments and specific to Mr. Carey's <br />property. <br />The first item to be dealt with is the letter of November 15, 2o16 from John P. <br />Justus, counsel to Snowcap Coal Company (Snowcap), to the undersigned. In its <br />filings Snowcap has made much of the fact the Carey failed to accept the <br />"goodwill gesture" of Snowcap to seal the vertical shaft in the Carey Pond "... even <br />though there is no existing hydrologic communication..." with underground <br />workings. Snowcap and its counsel have taken this failure to constitute a waiver <br />on the part of Carey to object to the proposed remediation actions to be taken by <br />Snowcap. This is a remarkable leap of logic that hardly warrants a response. <br />