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2019-09-23_ENFORCEMENT - M1996076 (4)
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2019-09-23_ENFORCEMENT - M1996076 (4)
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Last modified
1/6/2025 4:01:52 AM
Creation date
9/23/2019 2:32:00 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1996076
IBM Index Class Name
ENFORCEMENT
Doc Date
9/23/2019
Doc Name
Petition
From
Western Slope Flagstone, LLC
To
DRMS
Email Name
THM
Media Type
D
Archive
No
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26, 2019 Board meeting dates. Beckwith noted that he could not enter an appearance <br /> himself as he knew that he could not be present for the August hearing dates. (Exhibit A <br /> at 13), and had begun a search for an experienced attorney, and, found one, available in <br /> September. <br /> 9. At the Hearing on August 21, 2019, Western Slope Flagstone, LLC appeared through <br /> Rudy Fontanari, a lifelong miner, with 60 years in mining a related occupations and <br /> businesses. (Transcript at p. 102, lines 1-11) He is the owner of Western Slope Flagstone <br /> LLC (Transcript at p.37, lines 6-8). Fontanari is a senior citizen, and many years beyond, <br /> and not a lawyer. Fontanari brought with him his son-in-law, Trevor Grosse (Transcript <br /> at p.37), who is not an officer, owner or operator; Grosse is a computer analyst and <br /> programmer, not a lawyer. Had they not appeared, Western Slope and Fontanari would <br /> have been in violation of the order to be present and would have likely lost party status. <br /> Hard Rock Rule 2.8.1 (1). Beckwith had already made clear the request that counsel be <br /> present in multiple exchanges with Division's attorney. <br /> 10. At the hearing, Fontanari and Grosse were confronted with a full blown administrative <br /> case, with 61 power point slides, a 300-plus page Division submittal to the Board, expert <br /> testimony on multiple points, and oral argument proposing penalties as high as <br /> $57,000.00 ($43,000 was ultimately assessed). In addition, the Board ordered a six figure <br /> bond increase and the imposition of corrective actions including the removal and <br /> reclamation of pipelines, furrows and other features that had been installed at a cost of in <br /> excess of$100,000. Fontanari and Western Slope had no prior notice of the proposed <br /> 3 <br />
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