Laserfiche WebLink
Proposed Decision / Permit C-1981-041, TR -69 / January 30, 2017 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />IN THE MATTER OF THE APPLICATION OF SNOWCAP COAL COMPANY FOR A <br />TECHNICAL REVISION OF PERMIT C-1981-041 <br />REQUEST FOR CLARIFICATION OF SCOPE OF REVIEW OF HEARING <br />UNDER RULE 2.08.4(6)(b)(iii), 2 -CCR -702 <br />BY FONTANARI FAMILY REVOCABLE TRUST <br />COME NOW Rudy and Carol Fontanari, Trustees of the Fontanari Family Revocable <br />Trust ("Fontanari", collectively), by and through counsel of record, and for their Request for <br />Clarification of Scope of Review of Hearing, state and aver as follows: <br />Procedural History <br />On September 27, 2016, Snowcap filed its Request for Technical Revision, including in <br />such filing the Snowcap Repair Plan. On October 27, 2016, Fontanari filed its Comments to <br />Repair Plan and Submission of Fontanari Repair Plan. On January 30, 2017, DRMS issued its <br />Proposed Decision. On February 16, 2017, Fontanari filed its Comments to Proposed Decision <br />including in those Comments Fontanari's request for hearing, identification of issues to be <br />resolved at hearing, and a request for an Administrative Law Judge to conduct the hearing. As <br />of the date of this Request, a specific hearing date has not scheduled. <br />Request for Clarification <br />Having properly, and timely, requested a hearing under C.R.S. 34-33-116, Fontanari now <br />finds itself in a dilemma: what type of hearing (and what correlative rights to subpoenas„ etc.) <br />1 <br />