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July 13, 2020 <br />COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />John R. Henderson <br />Of Counsel For Rudolph Fontanari and the Fontanari Revocable Trust <br />Law Offices of John R. Henderson, P.C. <br />308 E. Simpson Street, Suite 103 <br />Lafayette, CO 80026 <br />Re: Fontanari's Request for Inspection <br />Dear Mr. Henderson and Mr. Fontanari: <br />In a letter to the Division dated June 24, 2020 and received via email on June 26, 2020, a request for a "prompt <br />inspection of the problem sites by Federal and State inspectors with appropriate qualifications accompanied <br />by representatives of Snowcap Coal, Fontanari, and any of his retained experts and counsel" was identified in <br />Item No. 1 on Page 7. Pursuant to Coal Rule 5.02.5, the Division does not have sufficient basis to believe that <br />Snowcap has violated the Act, Rules, or Permit C-1981-41. The Division's determination is based on: 1) <br />Monthly on -the -ground and aerial inspections, with the most recent on -the -ground inspection conducted on <br />June 10, 2020 and the most recent aerial inspection conducted July 6, 2020; 2) The issues raised in your <br />request for inspection mirror the issues you raised during the Phase III bond release No. 11 (SL -11) application <br />review process. The Proposed Decision and subsequent issuance of SL -11 were approved on September 16, <br />2019 and January 22, 2020 respectfully; 3) your request does not differ from the information previously <br />submitted with your SL -11 objection and does not give the Division a basis to believe that a violation occurred, <br />per Rule 5.02.5(1)(b)(ii). <br />Pursuant to Rule 5.02.5(5), any person who has requested an inspection may request in writing that the <br />Administrator informally review the Division's decision to not inspect. The Administrator shall conduct the <br />informal review and report the results in writing to both the requestor and the alleged violator within 30 days <br />of the Administrator's receipt of the request for review. <br />Sincerely, <br />James R. Stark <br />Coal Program Director <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: //mining.state.co.us <br />Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />