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Permit M-1996-076 / Board Resolution and Order of August 21, 2019; Mailed SepDEIVED <br /> 26, 2019 <br /> OCT 11 201y <br /> BEFORE THE MINED LAND RECLAMATION BOARD DIVISION OF MLAMATM <br /> UNING AND SAFE1y <br /> IN THE MATTER OF THE HEARING BEFORE THE MINED LAND RECLAMATION <br /> BOARD ON AUGUST 21,2019 <br /> MOTION/PETITION FOR RE-CONSIDERATION OF BOARD ORDER OF AUGUST <br /> 21,2019, MAILED SEPTEMBER 26, 2019; FOR STAY OF CORRECTIVE <br /> ENFORCEMENT ACTIONS; FOR STAY OF CIVIL PENALTIES; FOR STAY OF <br /> BOND INCREASE AND FOR DECLARATORY JUDGMENT; AND RENEWED <br /> REQUEST TO RE-OPEN THE HEARING RECORD AND FOR HEARING ON BOND <br /> INCREASE <br /> COMES NOW Western Slope Flagstone, LLC, Western Slope Flagstone, a sole <br /> proprietorship (WSF or "Western Slope"), and Rudy Fontanari ("Fontanari") holders of Permit <br /> M-1996-076 (Permit) and Rudy Fontanari, Operator, (together "Fontanari") by and through <br /> counsel of record, John R. Henderson, Law Offices of John R. Henderson, P.C. and pursuant to <br /> Construction Materials Rules 2.5 and 2.9 moves and petitions the Board: for re-consideration of <br /> its Orders issued at the Board meeting of August 21, 2019 (signed and mailed September 26, <br /> 2019); for a stay of the Orders; for a Stay of the Civil Penalties; for a stay of bond increase; for a <br /> Declaratory Order concerning decreed water rights; for a renewed request to re-open the hearing <br /> record; and for a hearing on the Bond Increase. Fontanari requests oral argument on these issues. <br /> As grounds therefore, Fontanari states as follows: <br /> CURRENTLY PENDING MOTIONS <br /> 1. On September 19, 2019, Fontanari moved and petitioned the Board to Re-open <br /> the hearing record for presentation of Defense case. As grounds, Fontanari asserted that the <br /> 1 <br />