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ri F; n <br /> NOV <br /> i qq , <br /> [Adult i?...:i✓LPi IATION <br /> SAFETY <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> IN THE MATTER OF BOND RELEASE APPLICATION NO. SL-11 <br /> PERMITEE: SNOWCAP COAL COMPANY, INC.,PERMIT NO. C-1981041 <br /> FONTANARPS OPPOSITION TO SNOWCAP COAL COMPANY'S MOTION TO <br /> DISMISS FOR LACK OF JURISDICTION <br /> Mr. Rudy Fontanari ("Fontanari"), as Trustee of the Fontanari Family Revocable Trust, <br /> through undersigned counsel, respectfully requests that Snowcap Coal Company's ("Snowcap") <br /> Motion to Dismiss for Lack of Jurisdiction be denied. Fontanari states the following in support: <br /> INTRODUCTION <br /> Snowcap's motion is a blatant attempt to deprive Fontanari of his right to be heard on <br /> matters directly impacting his privately owned lands. For nearly thirty years, the Board's <br /> regulation has plainly stated that an adjudicatory hearing shall be had if requested within thirty <br /> days of the first publication of the Division of Reclamation, Mining and Safety's proposed <br /> decision. Fontanari complied with that regulation, requiring the Board to hold the hearing. <br /> Snowcap's attempt now, for the first time, to invalidate that regulation defies Colorado law and <br /> basic concepts of fundamental fairness. Snowcap's attempt to deny Fontanari his right to an <br /> adjudicatory hearing before this Board should be rejected. <br /> ARGUMENT <br /> I. SNOWCAP CANNOT INVALIDATE RULE 3.03.2(6)(a)IN THIS PROCEEDING. <br /> Snowcap has made no argument and cited no authority to establish why this proceeding is <br /> the proper forum in which to challenge Rule 3.03.2(6)(a)'s lawfulness. It cannot. <br />