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COLORADO <br /> Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> June, 17, 2020 <br /> Rudolph Fontanari <br /> 3316 E 3/4 Road <br /> Clifton, CO 81520 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Western Slope Flagstone Quarry No.2; Permit M-1996-076 <br /> Mr. Fontanari: <br /> On June 1,2020 and June 8,2020,the Division conducted inspections of the Western Slope Flagstone <br /> Quarry No. 2 (Permit M-1996-076). Upon inspection the Division found that the Operator has failed to <br /> comply with conditions set forth in the Board Order MV-2019-023. Additionally the Division observed <br /> water being applied via a new water conveyance system within the permit area. <br /> Based on the findings of these inspections we believe this is a violation of: <br /> • C.R.S. 34-32.5-117(4)(c)(II), for failure to adjust the Financial Warranty within 60 days of notice. <br /> Board Order MV-2019-023 required an adjustment to the Financial Warranty by August 21, <br /> 2019. <br /> • C.R.S. 34-32.5-124, for failure to comply with the conditions of an order, Specifically Board <br /> Order MV-2019-023 Corrective Action 3 which required a Financial Warranty increase. <br /> • C.R.S. 34-32.5-124(3), for failure to comply with a cease and desist order issued by the board. <br /> Specifically Board Order MV-2019-023, Cease and Desist of all Water applications within the <br /> permit boundary are not permitted unless specifically for dust suppression and applied via truck. <br /> • C.R.S. 34-32.5-124, for failure to comply with the conditions of an order, Specifically Board <br /> Order MV-2019-023 Corrective Action 2 which required reclamation of all areas affected by the <br /> water conveyance system within the permit area by November 1, 2019. <br /> • C.R.S. 34-32.5-124, for failure to comply with the conditions of an order, Specifically Board <br /> Order MV-2019-023 which required the civil penalty assessed in the amount of$43,000 due and <br /> payable within thirty days(October 26, 2019) <br /> • C.R.S. 34-32.5-124(1), for failure to comply with a condition of the Permit, Installation of water <br /> conveyance structures within the permit area <br /> • C.R.S. 34-32.5-124(1), for failure to comply with a condition of the Permit, Failure to comply <br /> with the approved mining and reclamation plans in the Permit <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act <br /> for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sue., and have scheduled this matter <br /> to appear before the Mined Land Reclamation Board. <br /> OF c <br /> Q <br /> H � <br /> 1313 Sherman Street,Room 215,Denver,CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> Jared S.Polis,Governor I Dan Gibbs,Executive Director I Virginia Brannon,Director .1876+', <br />