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been the site of dangerous rockfalls going back decades, <br />and which have continued through as recently as last week <br />when falling boulders damaged a semi -trailer and an <br />occupied automobile. That particular rockfall was believed <br />to be outside of both the mine permit area and the area of <br />the Fontanari Trust lands, but is indicative of the existence <br />of geologic instability in this portion of the 1-70 corridor. <br />The issue of rockfalls and their relationship to both <br />Fontanari irrigation activities and mine subsidence has been <br />and continues to be the source of substantial controversy. <br />Rockfalls in the area during July of 2019 lead to major <br />remediation work by the Colorado Department of <br />Transportation (CDOT) which resulted in the removal of <br />large numbers of threatening boulders and potential <br />rockfalls. CDOT and the Division of Reclamation, Mining and <br />Safety (DRMS) were quick to blame Fontanari's irrigation of <br />a portion of his permit area, and Fontanari's irrigation in <br />that area made the subject of cease and desist orders. <br />Fontanari, for his part, blames a series of recurring, <br />subsidence related fissure features for allowing his <br />irrigation water to rapidly migrate to lower geologic <br />formations lying above the underground coal mines <br />(Fontanari, DRMS and the Colorado Mined Land <br />Reclamation Board (MLRB) are currently involved in <br />litigation over actions taken against Fontanari, including, <br />but not limited to, his inability to have counsel present at <br />the hearing where evidence was presented by DRMS <br />concerning the rockfalls). Fontanari does not admit liability <br />for either the initial, minor rockfalls or for the later <br />mitigation work performed by CDOT. <br />However, what remain are two potential issues which <br />should be addressed and evaluated pursuant to the SMCRA. <br />Page o6 <br />