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Snowcap's. Accordingly, TR -69 must be dismissed in its entirety, under Snowcap's cited <br />authority. <br />Procedural History <br />On December 21, 2015, Snowcap Coal Company ("Snowcap") and the Division of <br />Reclamation, Mining & Safety ("DRMS") amended Snowcap's Permit C-1981-041 to insert <br />certain "Commitments" made by Snowcap, at the insistence of DRMS, to investigate and repair <br />hydrologic connections between surface water and the collapse coal caverns existing on "...lands <br />owned by Fontanari...". On April 28, 2016, Snowcap filed its Report of Investigation. On <br />September 28, 2016, Snowcap filed its Repair Plan and Application for Technical Revision (TR - <br />69). On January 30, 2017, DRMS submitted its Proposed Decision which did not reference, in <br />any manner, the objections made by Fontanari to Snowcap's Repair Plan and, further, did not <br />reference in any manner the Fontanari Repair Plan. <br />The public notices by DRMS for each of these filings clearly stated that interested <br />persons could file comments or objections to Snowcap's filings. Accordingly, on May 6, 2016, <br />Fontanari filed its Comments to Report of Investigation. On October 27, 2016, Fontanari filed <br />its Comments to Repair Plan and submitted, as an alternative, the Fontanari Repair Plan. On <br />February 6, 2017, Fontanari filed its Comments to Proposed Decision. <br />Notably, the DRMS Proposed Decision does not acknowledge that any of these <br />comments or "pleadings", as it were, were filed by Fontanari. The Proposed Decision <br />incorporates only Snowcap's Repair Plan and none of the Fontanari Comments or Repair Plan. <br />Factual Background <br />Generally stated, it is undisputed that #71 Tract (Fontanari) has sustained damage in such <br />a manner that traditional flood irrigation can no longer be employed for surface crops. The <br />2 <br />