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1111HO(SKIN
<br />C,regury K Horina Terrance L. Farina
<br />Gregg K. Kampf
<br />David A Younger
<br />NFAVINA David lI Scanga
<br />Michael) Itus�eil
<br />john 1. 1(owe
<br />Arvada, CO 80007 K,iroline M Henning
<br />G+IamRe: Permit No. C-1981-041 SnowcapCoal Company (1926 1992)
<br />Landowner Consent Request
<br />Dear Mr. Stutz:
<br />We understand that you represent Mr. Jason Carey ("Carey"), the owner of certain
<br />real property located in the SEI/4 SWI/4 of Section 34, Township 10 South, Range 98 West
<br />of the 6th Principal Meridian, in Mesa County, Colorado (the "Carey Property"). As you
<br />know, Snowcap Coal Company ("SCC") holds permit number C-1981-041 (the "Permit") for
<br />the Roadside Portals underground coal mining operation located, in small part, under Carey's
<br />Property. While the Roadside Portals Mine has not been operational since the late 1990s,
<br />SCC continues to have reclamation and bonding obligations on parts of the original Permit
<br />area.
<br />In response to SCC's eighth bond release request application filed with Colorado's
<br />Division of Reclamation, Mining, and Safety (the "Division"), the Division issued a
<br />proposed order on October 8, 2015 (the "October 2015 Order"). The October 2015 Order
<br />partially released SCC's bond, but it also generally required SCC to investigate newly
<br />identified conditions of hydrological communication existing between the underground
<br />workings of the Roadside Portals Mine and the properties overlying these workings
<br />belonging to Rudolph Fontanari, Jr. and Ethel Fontanari, as trustees of the Rudolph and Ethel
<br />Fontanari Revocable Living Trust ("Fontanari"), and to Carey. The October 2015 Order also
<br />required SCC to develop a plan to repair any such hydrologic communication, prepare a
<br />reclamation plan for any surface disturbances associated with those planned reclamation
<br />efforts, and complete the repair and reclamation activities required by those plans (the
<br />"Repair and Reclamation Plan").
<br />In accordance with the October 2015 Order, SCC recently submitted its Repair and
<br />Reclamation Plan as part of an application for a technical revision of the Permit on
<br />September 27, 2016. The investigations completed by SCC determined that there is no
<br />200 Grand Avenue, Suite 400
<br />A Cahill
<br />1KAMPF
<br />Post Office Box 40
<br />Denier
<br />234 North Main Street, suite 3A
<br />Grand Junction, Colorado 81502
<br />Post Office Box 27419
<br />a ;d M
<br />David M Dodero
<br />telephone 9709863400
<br />p . .
<br />Denver, Colorado 8022
<br />telephone 970.641.4531
<br />telephone 720.663.1940
<br />fax 970.641.4532
<br />Andrewrc ke
<br />PROFESSIONAL CORPORATION
<br />John l' Jlltiin5
<br />+ rkualal 0M +
<br />David A Price
<br />Anthony F. Pilaster
<br />November 15, 2016
<br />7 am' my M. Crei
<br />L Richard (Dick) Bratton
<br />** William A Hillhousell
<br />R. Gregory Stutz
<br />**Eliza F HiKhouse
<br />Ironwood Office
<br />Michael }i_ Luedike
<br />Daniel F Fitzgerald
<br />6746 Salvia Court
<br />Nicholas H. Gower
<br />i.rhannc ChamtserLnn
<br />Arvada, CO 80007 K,iroline M Henning
<br />G+IamRe: Permit No. C-1981-041 SnowcapCoal Company (1926 1992)
<br />Landowner Consent Request
<br />Dear Mr. Stutz:
<br />We understand that you represent Mr. Jason Carey ("Carey"), the owner of certain
<br />real property located in the SEI/4 SWI/4 of Section 34, Township 10 South, Range 98 West
<br />of the 6th Principal Meridian, in Mesa County, Colorado (the "Carey Property"). As you
<br />know, Snowcap Coal Company ("SCC") holds permit number C-1981-041 (the "Permit") for
<br />the Roadside Portals underground coal mining operation located, in small part, under Carey's
<br />Property. While the Roadside Portals Mine has not been operational since the late 1990s,
<br />SCC continues to have reclamation and bonding obligations on parts of the original Permit
<br />area.
<br />In response to SCC's eighth bond release request application filed with Colorado's
<br />Division of Reclamation, Mining, and Safety (the "Division"), the Division issued a
<br />proposed order on October 8, 2015 (the "October 2015 Order"). The October 2015 Order
<br />partially released SCC's bond, but it also generally required SCC to investigate newly
<br />identified conditions of hydrological communication existing between the underground
<br />workings of the Roadside Portals Mine and the properties overlying these workings
<br />belonging to Rudolph Fontanari, Jr. and Ethel Fontanari, as trustees of the Rudolph and Ethel
<br />Fontanari Revocable Living Trust ("Fontanari"), and to Carey. The October 2015 Order also
<br />required SCC to develop a plan to repair any such hydrologic communication, prepare a
<br />reclamation plan for any surface disturbances associated with those planned reclamation
<br />efforts, and complete the repair and reclamation activities required by those plans (the
<br />"Repair and Reclamation Plan").
<br />In accordance with the October 2015 Order, SCC recently submitted its Repair and
<br />Reclamation Plan as part of an application for a technical revision of the Permit on
<br />September 27, 2016. The investigations completed by SCC determined that there is no
<br />200 Grand Avenue, Suite 400
<br />• Gunnison
<br />Post Office Box 40
<br />Denier
<br />234 North Main Street, suite 3A
<br />Grand Junction, Colorado 81502
<br />Post Office Box 27419
<br />Gunnison, Colorado 81230
<br />telephone 9709863400
<br />p . .
<br />Denver, Colorado 8022
<br />telephone 970.641.4531
<br />telephone 720.663.1940
<br />fax 970.641.4532
<br />fax 970.986.3401
<br />fax 720 663.1941
<br />TR -69
<br />+ rkualal 0M +
<br />New 12/16
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