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JAMES A. BECKWITH <br />FONTANARI COMMENTS TO REPORT OF NOVEMBER 28, 2018, INSPECTION / PERMIT C-1981-041 / PG. 3 <br />In short, these tests reveal that even if Snowcap were to complete repairs to the 25 <br />identified holes in a professional manner consistent with industry standards, it will not <br />alleviate the greater problem: continuing surface damage from ongoing subsidence. The <br />active nature of sub -surface soils inhibits any such repairs from either curing or further <br />preventing the continuing subsidence damage. Thus, while Fontanari agrees that the 25 <br />identified holes should be repaired, it also seeks the DRMS's assistance in helping the parties <br />reach an agreeable settlement or repair plan that enables Snowcap to exit the permit process <br />while also enabling Fontanari to effectively preserve its surface water rights and promote pre - <br />mining uses (grazing and wildlife habitat) under section 34-33-121(2)(a), C.R.S. <br />I am awaiting receipt of the written report from Olson Engineering. A copy will be <br />forwarded to you upon receipt. <br />Should you have any questions, do not hesitate to contact me. <br />Yours truly, <br />James A. Beckwith <br />cc: Mr. John P. Justus, Esq. <br />Ms. Kendra N. Beckwith, Esq. <br />Mr. Tanner Walls, Esq. <br />