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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 />STIPULATION REGARDING PENDING MOTIONS AND HEARING <br />COME NOW the Rudy and Carol Fontanari, Trustees of the Fontanari Family Revocable <br />Trust ("Fontanari", collectively), 7ason Carey ("Carey") and Snowcap Coal Company, Inc. <br />("Snowcap"), by and through counsel of record, and for their Stipulation Regarding Pending <br />Motions and Hearing, agree and stipulate as follows: <br />STIPULATIONS <br />1. The parties hereto agree that the preliminary issue raised by the parties in this <br />matter is the scope and procedures for the hearing pursuant to C.R.S. § 34-33-116 (4)-(5) to be <br />conducted by the Board on the Objections filed by Fontanari and Carey to the Proposed Decision <br />on TR -69 to C-1981-041 rendered by the Division of Reclamation, Mining and Safety (DBMS). <br />2. On March 20, 2017, the Board amended its Agenda for the March 22"d Regular <br />Board Meeting to provide for the Board's consideration of the motions, and related responses <br />and replies, filed by the parties regarding the scope of the hearing. Resolution of those issues is <br />necessary to an economical and orderly hearing pursuant to C.R.S. § 34-33-116, with due regard <br />to the due process rights of the parties. <br />3. As noted in the attached e-mail, the parties have been informed that, after ruling <br />on those motions at the March 22"d meeting of the Board, the Board may then commence the <br />Ll <br />