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BEFORE THE MINED LAND RECLAMATION BOARD <br />STIPULATED AGREEMENT WITH REGARD TO SETTING OF MINED LAND <br />RELCAMATION BOARD HEARING ON OBJECTIONS TO TR -69 <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"), the Rudolph Fontanari, Jr. and Ethel <br />Carol Fontanari, Trustees of the Rudolph and Ethel Fontanari Revocable Living Trust <br />("Fontanari") and Jason Carey ("Carey"), by their undersigned counsel agree and stipulate as <br />follows: <br />1. 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") in <br />accordance with the requirements of MR -82 to the Permit. <br />2. On January 30, 2017, the Division of Mining and Safety, Colorado Department of Natural <br />Resources ("DRMS") rendered a proposed decision regarding TR -69 (the "Proposed <br />Decision"). <br />3. DRMS published the Proposed Decision in the Grand Junction Daily Sentinel on February 6, <br />2017. <br />4. Fontanari and Carey each submitted an objection and Demand for Evidentiary Hearing and <br />other comments concerning the Proposed Decision to DRMS on February 16, 2017. <br />5. Fontanari and Carey have demanded that the Mined Land Reclamation Board (the "Board") <br />designate an Administrative Law Judge ("ALJ") to hear their objections to the Proposed <br />Decision. SCC has objected to this request. <br />6. By a pleading dated February 28, 2017 Fontanari requested that the Board clarify its scope of <br />review under 2 CCR 407-2:2.08.4(6)(b)(iii), and to continue the hearing on the Proposed <br />Decision until June of 2017 ("Request for Clarification"). <br />7. SCC filed a response to the Request for Clarification addressing the procedural law that it <br />believes will control the hearing and its position that C.R.S. §34-33-116(4) and 2 CCR 407- <br />2:2.08.4(6)(b)(iii) require that the Board to hold its hearing on the Fontanari and Carey <br />1 <br />