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Since 2001, Defendant Snowcap has been responsible for the cessation of mining operation and <br />the reclamation of the surface land above the coal caverns. <br />7. On or about June 11, 2014, irrigation water applied to the surface of Tract #71 <br />went down a particular surface "sinkhole" located in an irrigation trench and then flowed into the <br />collapsed coal caverns beneath said tracts. This water then flooded the seal portal ("Hydrologic <br />Connection"). <br />8. On December 21, 2015, DRMS and Snowcap entered into an agreement by which <br />Snowcap's Permit C-1981-041 was amended to require Snowcap not only to investigate <br />hydrologic connections on lands owned by Fontanari and Carey, but also to repair the same. <br />("MR -82") <br />9. On September 27, 2016, Snowcap filed an application with DRMS for approval to <br />install concrete plugs in the sinkhole involved in the June 11, 2014, incident. Public notice of the <br />application was duly published in the Grand Junction Daily Sentinel. <br />10. On October 27, 2016, Fontanari timely filed its Comments and Objections to the <br />Snowcap Repair Plan, and included in said filing Fontanari's own Fontanari Repair Plan. <br />11. On October 27, 2016, Defendant Carey filed his Comments and Objections to the <br />Snowcap Repair Plan. <br />12. On January 30, 2017, DRMS, in accordance with C.R.S. 34-33-116, issued a <br />Proposed Decision recommending approval of TR -69. <br />13. On February 16, 2017, Fontanari filed its Comments and Objections to the <br />Proposed Decision and requested conduct of a formal hearing before MLRB. <br />14. On April 12, 2017, pursuant to MLRB Order, a pre -hearing meeting was <br />conducted between Snowcap, Fontanari, Carey, DRMS and MLRB. <br />15. On April 12, 2017, Fontanari filed its Motion in Limine to restrict and prohibit <br />MLRB from interpreting various contract documents identified by Snowcap and Fontanari as <br />exhibits. <br />16. On April 24, 2017, Fontanari filed its Motion to Dismiss for Lack of Jurisdiction <br />seeking dismissal of TR -69. <br />17. On May 24-25, 2017, MLRB conducted a formal hearing on TR -69. At said <br />hearing, MLRB issued its oral decision denying the Fontanari Motion in Limine and Motion to <br />Dismiss and, further, an oral decision granting TR -69. <br />3 <br />