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1:311To] 9610110:1lullei ""1AN" 916i WOOTEN11mell:167.111iC <br />RESPONSE TO OBJECTORS' DEMAND FOR HEARING BEFORE <br />ADMINISTRATIVE LAW JUDGE <br />IN THE MATTER OF OBJECTIONS CONCERNING TECHNICAL REVISION NO. 69 <br />TO PERMIT NO. C-1981-041 <br />PERMITEE: SNOWCAP COAL COMPANY, INC. <br />Permittee, Snowcap Coal Company, Inc., ("SCC") by and through its undersigned <br />counsel submit the following response to the demands of Rudolph Fontanari, Jr., and Ethel Carol <br />Fontanari, Trustees of the Rudolph and Ethel Fontanari Revocable Living Trust ("Fontanari," <br />collectively) and Jason Carey ("Carey") for a hearing before an administrative law judge <br />concerning their objections to the January 30, 2017 Proposed Decision of the Division of <br />Reclamation Mining and Safety, Colorado Department of Natural Resources ("DRMS") <br />regarding Technical Revision No. 69 to Permit No. C-1981-041. <br />I. PROCEDURAL BACKGROUND <br />This matter concerns SCC's application for technical revision to Permit No. C-1981-041 <br />("TR -69") pursuant to C.R.S. § 34-33-116 and 2 CCR 407-2:2.08.4(2) as part of its compliance <br />with an October 8, 2015 Order by DRMS. DRMS provided SCC with a copy of its proposed <br />decision on TR -69 on January 30, 2017 (the "Proposed Decision"). The Proposed Decision was <br />published on February 6, 2017 in the Grand Junction Daily Sentinel. On February 15, 2017 <br />Fontanari submitted a "Demand for Evidentiary Administrative Hearing before A.L.J." to DRMS <br />concerning the Proposed Decision (the "Fontanari Demand"). Carey also submitted "Demand <br />