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Rudy Fontanari,Trustee❑f the Fontanari Family Revocable Trust("Fontanari), hereby <br /> states his objections and comments to Application SL-11 and the proposed Decision by <br /> Division regarding the bond release in this matter. Fontanari hereby incorporates his <br /> objections and comments contained in that certain "objection and Comments to <br /> Application SL-11",with all exhibits,filed with Division on or about September 14, 2018. <br /> A copy of the body of that objection is attached hereto, but,the Comments and <br /> Objections,with all exhibits as filed, is incorporated herein by reference. <br /> In supplementation of the original❑bjections and comments, Fontanari states his <br /> additional objection that the proposed Decision does not properly incorporate provision <br /> for the reclamation❑f the flow of Rapid Creek, including any necessary augmentation of <br /> Rapid Creek, that protects senior water rights holders, including Fontanari.The <br /> depletion of Rapid Creek by mine workings and the existing mine drainage plan,without <br /> provision for beneficial use of those waters under appropriate well permit and court <br /> orders,will result in the continued depletion of Rapid Creek. Restoration of those flows <br /> to pre-mining condition would appear to be necessary pursuant to Rule and statute.To <br /> the information of Fontanari,the offices of the Colorado State Engineer and its Division <br /> Engineer are currently examining this issue and should be consulted concerning the <br /> requested bond release. <br /> Fontanari requests and adjudicatory hearing on the issue of the proposed Division <br /> decision regarding SL-11. <br /> Fontanari requests a pre-hearing conference pursuant to the Coal Mining Rules prior to <br /> the adjudicatory hearing. <br /> With regards, <br /> 74 0) <br /> John R. Henderson <br /> Law offices of John R. Henderson, P.C. <br /> Cc: Scott Schultz, Assistant Attorney General <br /> Page 02 <br />