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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Date: April 6, 2017 <br />Re: Rationale for Proposed Decision for Snowcap Coal Company, Inc.'s, Technical Revision 69 <br />at the Roadside Portals; Hydrologic Communication Repair Plan; DRMS File No. C-1981- <br />041 <br />Introduction <br />Herein, all references to the Act and Rules refer to the Colorado Surface Coal Mining Reclamation Act, <br />Section 34-33-101 et seq., C.R.S. (Act), and to the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining (Rule). Copies of the Act and Rules are available through the <br />Division's web site at www.mining.state.co.us. <br />On January 30, 2017, the Division of Reclamation, Mining and Safety (Division) issued its Proposed <br />Decision to approve Snowcap Coal Company, Inc.'s proposed Technical Revision 69 for the Roadside <br />Portals, File No. C-1981-041. Pursuant to Rule 2.08.4(6)(b)(iii), the Division received a timely <br />objection to the Proposed Decision on February 16, 2017, from: 1) Mr. James A. Beckwith on behalf of <br />Mr. Rudolph Fontanari, Jr. and Ethel Carol Fontanari; and 2) Mr. Gregory Stutz on behalf of Mr. Jason <br />Carey. This rationale document is intended to briefly explain the process by which the Division arrived <br />at its Proposed Decision to approve Technical Revision 69 and respond to the issues raised by the <br />objecting parties. The Division reserves the right to further supplement, amend, modify, or clarify this <br />document and recommendation with additional details as necessary. <br />Background Information and Summary of the Review Process <br />The Roadside North and South Portal Mines is an underground coal mine that is permitted and operated <br />by Snowcap Coal Company, Inc. (SCC). Underground mining operations using modern mechanized <br />methods began in 1974 and continued under various operators with several periods of temporary <br />inactivity until final cessation of coal extraction in December of 1999. The Roadside Mine was a room <br />and pillar and retreat mine. Based on Exhibit 5 (Mine Plan), retreat mining was conducted under <br />portions of Mr. Fontanari's property. Approved post -mining land use for all mine areas is Fish and <br />Wildlife habitat. <br />The Division received Bond Release Application SL -08 on September 4, 2013. Mr. Fontanari was <br />notified of the bond release application and pending inspection. Objections to the bond release <br />application were received by the Division from Mr. Fontanari on October 7, 2013. Mr. Fontanari's <br />concerns involved potential impacts to the hydrologic balance as a result of subsidence due to <br />underground mining. On October 21, 2013, J.E. Stover & Associates, Inc. submitted a response to the <br />Division regarding Mr. Fontanari's objection to the SL -08 bond release application and addressed each <br />of the concerns expressed in Mr. Fontanari's October 7, 2013 objection letter. <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor ( Robert Randall, Executive Director I Virginia Brannon, Director ,;,• ; <br />x. � 8 7 ki, �`• <br />