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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 />MOTION TO DISMISS FOR LACK OF JURISDICTION <br />BY OBJECTOR FONTANARI FAMILY REVOCABLE TRUST <br />COME NOW Rudy and Carol Fontanari, Trustees of the Fontanari Family Revocable <br />Trust ("Fontanari", collectively), by and through counsel of record, and for its Motion to Dismiss <br />TR -69 for Lack of Jurisdiction, states and avers as follows: <br />Overview <br />Post -mining reclamation of surface land is expressly for the exclusive benefit of the <br />surface landowner: whether public or private. C.R.S. §34-33-120 Yet, Title 34, Article 33, <br />C.R.S. does not confer upon the landowner any direct right to request reclamation or to oppose, <br />as here, acts of reclamation proposed by the permit holder but objected to by the landowner. <br />Proposals for reclamation — whether technical or general revisions — are limited solely to the <br />request by the permit holder: even to the exclusion of this Board and its subordinate staff. C.R.S. <br />§§34-33-115 and 116 Using these statutes, Snowcap Coal Company (and other parties) seek to <br />prohibit this Board's review, consideration and potential adoption of the Fontanari Repair Plan <br />(the only plan to which Fontanari has consented). Agreement with Snowcap's position will <br />result in a denial of due process to Fontanari, and, moreover, render this Board an "incompetent <br />tribunal" inasmuch as it would not be allowed to consider plans or view plans opposing <br />