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II. ISSUES FOR RESOLUTION <br />1. The existence and extent of the hydrologic communication between surface water and <br />underground coal caverns controlled by Snowcap Coal Company ("Snowcap") in Secs. <br />34-35, TIOS R98W, 61h P.M., Mesa County. <br />2. The existence, cause and extent of surface subsidence, including sub -surface fissures, <br />cracks on and under lands owned by Fontanari and Carey. <br />3. Whether the Repair Plan proposed by Snowcap Coal, in TR -69, should be denied for <br />reasons which include, but are not limited to: (a) inadequate field inspection and <br />investigation; (b) inadequate engineering to correct and repair continuing surface and <br />sub -surface sinkholes and fissures; or, (c) the lack of a reasonable engineering probability <br />that the grout plugs proposed by Snowcap will successfully restore the lands in <br />accordance with Rule 4.20, Coal Rules. <br />4. Whether the Snowcap Repair Plan will achieve reclamation of Fontanari and Carey <br />properties to the extent required by Rule 4.20, Coal Rules <br />5. Whether the Fontanari Repair Plan should be adopted by the Board in accordance with <br />C.R.S..34-33-122(7) and Rule 4.20, Coal Rules. <br />III. EXHIBITS <br />No. Date Description: <br />1. 1978 Mine Workings Maps; South Portal Mine; GEX <br />2. 11.2015 Proposed Decision; Application SL -08; including all appendices, exhibits <br />and photographs. <br />3. 12.21.2015 Snowcap Coal; Commitments & Amendment of Permit C-1981-041 <br />4. 4.28.2016 Snowcap Coal; Report of Investigation per Commitments, including all <br />appendices, exhibits and photographs. <br />5. 5.6.2016 Fontanari; Objections to Snowcap Report of Investigation, , including all <br />appendices, exhibits and photographs. <br />6. 5.2016 Carey; Objections to Snowcap Report of Investigation, , including all <br />appendices, exhibits and photographs. <br />7. 9.28.2016 Snowcap Coal; Response to Subsidence Damage and Repair Plan <br />(Including Application for TR -69), , including all appendices, exhibits and <br />photographs. <br />2 <br />