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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2019-023 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF RUDOLPH FONTANARI; File No. M-1996-076 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> December 11, 2019 in Denver, Colorado for a hearing to consider a motion filed by <br /> Rudolph Fontanari ("Operator"), permit number M-1996-076, on November 26, 2019 <br /> requesting that the Board stay its November 13, 2019 decision on motions previously <br /> filed, among other relief. John Henderson, Esq. appeared on behalf of Operator. <br /> Assistant Attorney General Scott Schultz appeared on behalf of the Division. <br /> The Board, having considered the materials presented and having been <br /> otherwise fully informed of the facts in the matter, hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. Following a full hearing on alleged violations by Operator at the Board's <br /> August 21, 2019 meeting, the Board issued an order finding Operator in violation of <br /> various provisions of the Colorado Mined Land Reclamation Act for the Extraction of <br /> Construction Materials, Article 32.5 of Title 34, C.R.S. (2019) (the "Act"). In <br /> addition to finding Operator in violation of the Act, that order, effective September <br /> 26, 2019 (the "September Order"), imposed corrective actions, civil penalties, and a <br /> cease and desist order against Operator. <br /> 2. On September 19, 2019, several days before the September Order <br /> became effective, Operator filed a motion seeking to reopen the hearing, titled <br /> "Motion/Petition to Re-Open Record for Presentation of Defense Case by Western <br /> Slope Flagstone, LLC-Rudy Fontanari, For Scheduling of Pre-Hearing Conference <br /> and for a Stay of Required Corrective Actions, Bond Increase and Assessment of Civil <br /> Penalties Due to Lack of Representation by Legal Counsel" (the "September 19, 2019 <br /> Motion"). <br /> 3. On October 8, 2019, the Board received a second motion filed by <br /> Operator requesting, among other relief, reconsideration of the Board's order, a stay <br /> of corrective actions and civil penalties, and a renewed request to reopen the hearing, <br /> titled"Motion/Petition for Re-Consideration of Board Order of August 21, 2019; For <br /> Stay of Corrective Enforcement Actions; For Stay of Civil Penalties; For Stay of Bond <br /> Increase and for Declaratory Judgment; and Renewed Request to Re-Open the <br /> Hearing Record and for Hearing on Bond Increase" (the "October 8, 2019 Motion"). <br />