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• The Board was arbitrary when it approved the proposed post mining <br />topography and irrigation methods. <br />I. PROCEDURAL BACKGROUND <br />Western Fuels - Colorado submitted its application for PR -6 on November 12, <br />2009. Following an extensive review and public comment process (see Record <br />( "R. ") at 7805), on October 1, 2010, DRMS recommended that the application be <br />approved. Because of Appellants' objections (R. 7802 -03) a formal hearing before <br />the Board was scheduled for November 17, 2010.2 The formal hearing proceeded <br />as scheduled, and PR -6 was unanimously approved by the Board. MLRB issued a <br />written Order on December 8, 2010. <br />The appellants filed this case for appellate review on December 15, 2010. <br />Plaintiffs also sued DRMS and Western Fuels- Colorado for damages in this Court <br />under C.R.S. § 34 -33 -135. That case, 2010 -CV -367, was tried to the Court in <br />November 2012, and damages were awarded to Frank and Mary Lou Morgan for <br />future loss of productivity which may occur when reclamation is complete, ten <br />years in the future. See Findings of Fact, Conclusions of Law and Judgment, <br />z Pursuant to 2 CCR 407 -2 §2.07 (3)(b), the Board must conduct a hearing on a DRMS <br />proposed decision within 30 days that the hearing is requested. <br />,00145923 2 } 3 <br />