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2. Whether there is a continuing trespass of South Portal Mine waste onto the Carey <br />Property; <br />3. What is the appropriate action to be taken by Snowcap Coal in connection with such <br />continuing trespass; <br />4. Whether such removal of South Portal Mine Waste will achieve reclamation of the <br />affected Carey Property to the extent required by Rule 4.20, Coal Rules. <br />III. EXHIBITS <br />1. Carey incorporates herein the designation of Exhibits set fort set forth in the Pre -Hearing <br />Statement of Fontanari. <br />2. 20140801 Carey Property Subsidence.pdf <br />3. Notice Of Violation CV 1006-002; August 11, 2006; issued by DRMS; <br />4. Notice Of Violation Letter CV 1006-002, August 14, 2006; from Daniel T. Mathews to <br />Tonya Hammond (Snowcap Coal) <br />5. Survey materials showing the extent of the trespass of South Portal Mine waste material <br />onto the Carey Property <br />6. Amended Survey Plat (Excerpt); Tract #71 and Carey Tract showing surface subsidence <br />depressions; air ventilation shaft; and, sinkholes on Tract 71 and Carey Tract; April, 2017; <br />(Original Survey Plat previously filed with DRMS and provided to all parties as exhibits to <br />Fontanari Comments To Report Of Investigation <br />7. Photographs; Sinkholes Tract 71 and Carey Tract; March, 2017; <br />8. Any exhibit(s) endorsed by any party to this proceeding. <br />9. Any exhibit(s) deemed necessary for rebuttal or impeachment of other witnesses, the <br />identity of and need for which witness cannot presently be determined. <br />10. Carey reserves the right to designate additional exhibits derived from continuing field <br />testing, data collection and analysis of the subject real properties. <br />IV. WITNESSES <br />1. Carey incorporates herein the designation of Experts set fort set forth in the Pre -Hearing <br />Statement of Fontanari. <br />2. Jason P. Carey, P.E., will testify as an expert witness concerning all aspects of the <br />objections and claims made in connection with this administrative matter. Carey has owned the <br />2 <br />