2021-07-12_INSPECTION - C1981041

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United States Department of the Interior �M,NT ofry OFFICE OF SURFACE MINING Op SURF B Reclamation and Enforcement �, `` 41& ° 9 Western Region Office o �►♦ ` ° P.O.Box 25065 Lakewood,Colorado 80225 �4RCH 3 Aga AND July 7, 2021 CERTIFIED MAIL RECEIVED James Stark JUL 12 2021 Director, Coal Regulatory Program DIVISION OF RECLAMATION Colorado Division of Reclamation, Mining and Safety MINING&SAFETY 1313 Sherman Street, Room 215 Denver, Colorado 80203 (Certified mail and email) Re: Ten Day Notice and Citizen Complaint—Material Damage to Hydrologic Balance and Subsidence at Roadside Portals Mine (C-1981-041) Dear Mr. Stark: On June 24 and July 22, 2020,the Office of Surface Mining Reclamation and Enforcement (OSMRE)received Citizen Complaints from John R. Henderson, Counsel for Rudolph Fontanari and the Fontanari Revocable Trust(Complainant) alleging that Snowcap Coal Company has failed to prevent material damage to the hydrologic balance and failed to plan and conduct underground mining activities so as to prevent subsidence from causing material damage to the surface at the Roadside Portals Mine. In accordance with 30 CFR 842.11(b)(2), an authorized representative will have reason to believe a violation exists if the facts alleged by an informant would, if true, constitute a violation of the program under the Surface Mining Control and Reclamation Act. In such case,the authorized representative must issue a Ten-Day Notice (TDN)because there is reason to believe a violation exists. Complainant alleges that Snowcap Coal Company is failing to meet hydrologic balance and subsidence control requirements set forth at Colorado Rules 4.05.1(1) and 4.20.1(1), respectively. As a result,we have prepared the enclosed TDN identifying the potential violations at the Roadside Portals Mine. Copies of the Citizen Complaints, as well as the Request for Informal Review dated November 30, 2020, and the Statement of Reasons from the IBLA proceeding dated April 28,2021 are also enclosed. Please respond as directed at 30 CFR 842.11 within ten business days by taking appropriate action to cause the violation to be corrected or show good cause for such failure. Appropriate action and good cause are explained at 30 CFR 842.11(b)(1)(ii)(B)(3) and(4). It is expected that, as part of the response to the TDN,the Colorado Division of Reclamation,Mining and Safety will perform a site inspection to which representatives of OSMRE and the Fontanari Trust will be invited to participate.