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31 <br />JAMES A. BECKWITH <br />LETTER TO JAMES R. STARK, DRMS / COMMENTS TO PROPOSED DECISION ON SNOWCAP REPAIR PLAN / PG. 2 <br />Conservancy District ("Ute Water") and, therefore, Ute Water did not copy either of these parties <br />in its response to DRMS. <br />On November 4, 2016, DRMS had requested clarification from Snowcap Coal of various <br />matters. On December 6, 2016, Snowcap provided those responses. It is noted that neither the <br />November 4th Requests nor the December 6th Responses were ever served upon Fontanari, Carey <br />or their counsel by DRMS or by Snowcap Coal. On January 4, 2017, by e-mail to Mr. Stark, the <br />undersigned counsel registered its complaint that notices were not being timely posted to <br />Laserfiche and, that DRMS had not directed Snowcap to serve copies of documents upon all <br />parties when filing any or all documents with DRMS. On January 13, 2017, this failing was also <br />discussed with Mr. Scott Schultz, AAG, who assured the undersigned that copies would be <br />forwarded. <br />On January 5, 2017, Fontanari, through counsel, provided DRMS with data DRMS had <br />incorrectly requested from Snowcap Coal. Fontanari routinely served copies of this data upon <br />Snowcap Coal. On January 18, 2017, Snowcap Coal rebutted the information Fontanari had <br />provided, but, again, without serving a copy upon Fontanari. Snowcap's rebuttal was not posted <br />by DRMS to its Laserfieche website until February 6, 2017. <br />On February 6, 2017, notice of the Proposed Decision was published by the Grand <br />Junction Daily Sentinel. On February 7, 2017, the undersigned counsel appeared before DRMS, <br />spoke with Ms. Janet Binns and requested a copy of all documents referenced by DRMS as its <br />"Proposed Decision". Pursuant to that Notice, these Comments are due on or before February <br />16, 2017. <br />COMMENTS UPON PROPOSED DECISION <br />I. The Agency Has Committed Procedural Due Process Errors in Rendering <br />The Proposed Decision <br />A. Failure to Notify All Interested Persons and Parties Who Had Requested <br />Participation: <br />On February 1, 2017, DRMS, acting through Ms. Janet Binns, sent letters to Jason Carey; <br />Rudy and Ethel Fontanari; and the undersigned counsel advising each of the issuance of DRMS' <br />Proposed Decision. No such letter or notice was sent to Ute Water District, who had, on <br />November 16, 2016, voiced its concerns and requested to participate in continued proceedings of <br />TR -69. <br />Publication of the Proposed Decision in the Daily Sentinel is unavailing as a defense to <br />DRMS' omission of Ute Water. Without a letter from DRMS that the Proposed Decision had <br />been issued why and how would Ute Water have any reason to peruse the Legal Notices of the <br />Daily Sentinel? <br />B. Incomplete Production of Proposed Decision: <br />