2020-01-27_ENFORCEMENT - C1981041

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO ORDER ON SNOWCAP COAL COMPANY, INC.'S MOTION TO DISMISS FOR LACK OF JURISDICTION IN THE MATTER OF SNOWCAP COAL COMPANY, INC.'S BOND RELEASE APPLICATION No. SL-11; File No. C-1981-041 THIS MATTER came before the Mined Land Reclamation Board ("Board") on December 11, 2019 in Denver, Colorado to consider a motion filed by Snowcap Coal Company, Inc. ("Operator"), permit number C-1981-041, on November 8, 2019 requesting that the Board dismiss the request of the Fontanari Family Revocable Trust ("Fontanari') for an adjudicative hearing before the Board for lack of jurisdiction. John Justus, Esq. appeared on behalf of Operator. John Henderson, Esq. appeared on behalf of Fontanari. Jim Stark and Assistant Attorney General Scott Schultz appeared on behalf of the Division of Reclamation, Mining and Safety ("Division").' The Board, having considered the materials and arguments presented and having been otherwise fully informed of the facts in the matter, hereby enters the following: FINDINGS OF FACT 1. Operator filed an application for partial Phase II and Phase III bond release on May 24, 2018 ("SL-11"). 2. The Division conducted several bond release inspections during its review of the application. 3. On September 14, 2018, Fontanari, through counsel, submitted comments on SL-11 to the Division and requested an informal conference, which was held on November 6, 2018. 4. On September 16, 2019, the Division issued its proposed decision to approve SL-11. 5. The Division sent a copy of the proposed decision to Fontanari on September 16, 2019 along with notice of Fontanari's right to request an adjudicatory hearing. The notice referenced Rule 3.03.2(6) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (the "Rules"), which 'The Division was advisory staff to the Board, not a party, in this proceeding.