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BEFORE THE MINED LAND RECLAMATION BOARD <br />RESPONSE REQUEST FOR CLARIFICATION OF SCOPE OF REVIEW OF <br />HEARING UNDER RULE 2.08.4(6)(b)(iii), 2 -CCR -702 AND REQUEST FOR <br />EXPEDITED DETERMINATION OF MOTION. <br />IN THE MATTER OF OBJECTIONS CONCERNING TECHNICAL REVISION NO. 69 TO <br />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, submits the following response to the Request for Clarification submitted by Rudolph <br />Fontanari, Jr. and Ethel Carol Fontanari, Trustees of the Rudolph and Ethel Fontanari Revocable <br />Living Trust ("Fontanari") as follows: <br />I. BACKGROUND <br />SCC applied for a technical revision to its Permit No. C-1981-041(the "Permit") on <br />September 27, 2016 pursuant to C.R.S. §34-33-116 and 2 CCR 407-2-2.08.4(2)("TR-69") <br />consistent with the requirements of MR -82 to the Permit.' On January 30, 2017, the Division of <br />Mining and Safety, Colorado Department of Natural Resources ("DRMS") rendered a proposed <br />decision regarding TR -69 (the "Proposed Decision"). DRMS published the Proposed Decision in <br />the Grand Junction Daily Sentinel on February 6, 2017, and Fontanari submitted a Demand for <br />Evidentiary Hearing and other comments to DRMS on February 16, 2017. <br />' Fontanari characterizes the hydrologic communication that is the subject of TR -69 as being attributable to <br />subsidence caused by the collapse of underground coal caverns. Fontanari has provided no data to suggest that this <br />is in fact the cause of the hydrologic communication, other than to offer it as a potential theory. The investigations <br />completed by SCC's consultants, culminating in TR -69, suggest otherwise. <br />1 <br />