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19. On November 4, 2016, the Division sent Applicant an adequacy letter. <br />J.E. Stover, on behalf of Applicant, submitted a response to the adequacy letter on <br />December 6, 2016. <br />20. On January 30, 2017, the Division proposed a decision to approve TR - <br />69. The Division's Proposed Decision to Approve TR -69 was published on February - <br />6, 2017. <br />21. During the public comment period, the Division received objections to <br />the proposed decision and requests for a hearing from Objector Fontanari on <br />February 15, 2017 and from Objector Carey on February 16, 2017. <br />22. In accordance with a Board order effective April 7, 2017, the Board, <br />through prehearing conference officer Tony Waldron, convened a prehearing <br />conference on April 12, 2017 in Grand Junction, Colorado. The prehearing <br />conference was conducted pursuant to Rules 2.6 and 2.7 of the Rules and Regulations <br />of the Colorado Alined Land Reclamation Board for Hard Rock and Designated <br />Alining Operations. Representatives of the Division, Applicant, and Objectors were <br />present and participated in the prehearing conference. <br />23. The prehearing officer issued a draft prehearing order. Among other <br />things, the draft prehearing order identified two issues for the parties to present to <br />the Board for consideration. At the hearing, the Board considered the draft <br />prehearing order and invited amendments or adjustments to be proposed by the <br />parties. The Board amended and adopted the draft prehearing order. <br />24. At the hearing, James Hill, the principal geophysicist of Fugro, <br />testified on behalf of Applicant. Mr. Hill testified about the ERT studies Fugro <br />conducted at the site in April and August 2016, including that ten thousand gallons <br />of water were added to the trench near the air shaft to collect data concerning <br />subsurface geology- and structure. <br />25. At the hearing. Michael Berry, P.E. of HBET testified on behalf of <br />Applicant about HBET's investigation, stating that the ERT study data indicated a <br />vertical anomaly in the general location of an old air shaft at the site. Mr. Berry <br />further testified that the second ERT study- was performed to determine the path of <br />the water and depth of the flow, and that the second ERT study investigated the <br />rockpile on the site as a possible pathway. Mr. Berry confirmed that an historic air <br />shaft caused the hydrologic communication with the mine workings. <br />26. James Stover of J.E. Stover testified at the hearing on behalf of <br />Applicant, stating that while he was at the site on June 14, 2016, there was water <br />flowing in the ditch and that such water did not appear to be used for irrigation. <br />Snowcap Coal Company-, Inc. <br />Roadside Portals Aline / C-1981-041 <br />4 <br />