2020-06-26_GENERAL DOCUMENTS - C1981041

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permit area, but are uncertain whether this is universally the case, as the permit area includes approximately 15 square miles. Some of the permitted lands have been the subject of previous bond releases indicating that reclamation has been performed in compliance with permit conditions and reclamation standards to the satisfaction of DRMS. At least one bond release is currently pending and is the subject of ongoing litigation on a key procedural issue. It is the belief of Fontanari that subsidence and other problems continue to develop to this day and must be addressed in a comprehensive manner in accordance with State and Federal standards and the permit itself. On September 14, 2018, attorney James Beckwith provided DRMS with a then comprehensive listing of these problems in the form of a detailed 16 -page letter accompanied by 27 exhibits including maps and photographs, and further including overlays of the former mine workings. The letter and the 27 exhibits are attached hereto as Exhibit C. The letter covered multiple relevant topics in substantial detail, including the following: (a) The history and continued presence of subsidence (pp. 1-4); (b) Relevant background and reports (pp. 5-7); (c) Observed surface subsidence features, denoted as A through G, with detailed descriptions (pp. 7-11); (d) Water rights problems and concerns including monitoring deficiencies (pp. 11-15) A full list of the 27 Exhibits is attached to the letter together with an Exhibit Index. My client has now identified at least sixteen areas of subsidence, subsidence damage or threatened subsidence within the permit area. Those are identified on the attached map (Exhibit A) and related index (Exhibit B) (a seventeenth area recently opened and is depicted on Exhibit D) The problems can be identified in several categories, all Page 03