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14. Fontanari submitted its Response to the Initial Investigation Report to DRMS on May 6, <br />2016 (the "Fontanari Response to Investigation"). <br />15. Subsequently, SCC submitted its repair and reclamation plan for the known hydrologic <br />communication identified in Boulay Report to DRMS on September 27, 2016 in <br />accordance with the requirements of MR -82, including a cost estimate. SCC's <br />submission was part of an application for a technical revision of the Permit on September <br />27, 2016, pursuant to C.R.S. §34-33-116 and 2 CCR 407-2-2.08.4(2)("TR-69"). <br />16. Notice of SCC's TR -69 application was published in Grand Junction's Daily Sentinel on <br />October 17, 2016. Following its publication, Fontanari, through counsel, filed written <br />objections and comments to the application on October 27, 2016 (the "Fontanari <br />Comments to Repair Plan and Submission of the Fontanari Plan"). Jason Carey <br />("Carey"), who owns real property identified in Exhibit A, also made objections through <br />a letter of the same date submitted by Carey's counsel. <br />17. On November 4, 2016, DRMS provided SCC with its preliminary adequacy review <br />comments. SCC responded to those comments and provided SCC with additional <br />requested information on December 6, 2016. <br />18. After considering SCC's TR -69 application and the comments submitted by Fontanari <br />and Carey, DRMS rendered a proposed decision regarding TR -69 on January 30, 2017 <br />(the "TR -69 Proposed Decision"). The Proposed Decision approved the hydrologic <br />communication repair and remediation plan submitted by SCC for the known hydrologic <br />communication identified in the Boulay Report and increased SCC's liability under its <br />performance bond to reflect the estimated costs of completing those tasks. <br />19. In accordance with C.R.S. § 34-33-116, DRMS then published the TR -69 Proposed <br />Decision in the Grand Junction Daily Sentinel on February 6, 2017, and Fontanari <br />submitted a Demand for Evidentiary Hearing and other comments to DRMS on February <br />16, 2017 ("Fontanari Objections"). Carey also submitted a Demand for Evidentiary <br />Hearing and comments to DRMS on February 15, 2017, incorporating Fontanari's <br />Objections ("Carey Objections"). <br />20. On March 22, 2017, the Mined Land Reclamation Board ("MLRB") held a hearing to <br />address procedural concerns raised by Fontanari and Carey. Following the hearing, the <br />MLRB ordered a Formal Public Hearing on the objections to TR -69 to be held on May <br />24, 2017 (the "Formal Hearing"), and directed the Office of Mined Land Reclamation to <br />conduct a Pre -hearing Conference on April 12, 2017 (the "Pre -Hearing Conference"). <br />This brief summarizes the issues and objections relevant to TR -69 to be addressed at the <br />Pre -Hearing Conference and the Formal Hearing. <br />5 <br />