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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />ORDER ON MOTION FOR CONTINUANCE OF AUGUST 19, 2020 <br />ENFORCEMENT HEARING, FILED BY RUDOLPH FONTANARI, File No. M- <br />1996-076 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on August 19, 2020 via videoconference to consider a motion for continuance of <br />enforcement hearing filed by Rudolph Fontanari ("Operator") on August 18, 2020, <br />file number M-1996-076. Senior Assistant Attorney General Scott Schultz <br />appeared on behalf of the Division of Reclamation, Mining and Safety C'Division"). <br />John Henderson, Esq. appeared on behalf of Operator. <br />The Board, having considered the arguments and materials presented and <br />having been otherwise fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF FACT <br />1. On June 17, 2020, the Division issued Operator a Reason to Believe a <br />Violation Exists Letter detailing several alleged violations that would be heard <br />before the Board at its July 2020 meeting. These included several alleged violations <br />for failure to comply with the Board's September 26, 2019 Order and two alleged <br />violations for failure to comply with a condition of the permit and with the approved <br />mining and reclamation plans for conduct that was unrelated to the Board's <br />previous order. <br />2. The Division provided notice to Operator on July 2, 2020 that the <br />hearing on all of the alleged violations had been rescheduled to the Board's August <br />19-20, 2020 meeting. <br />3. On August 18, 2020, Operator filed a motion with the Board requesting <br />that the enforcement hearing be continued pending the resolution of a motion for <br />stay Operator's counsel had filed that same day with the Denver District Court <br />requesting a stay of all administrative enforcement of the Board's September 26, <br />2019 Order until judicial review had been completed. <br />4. At the August 19, 2020 hearing; counsel for the Division addressed the <br />late filings by Operator. The Division explained that its enforcement proceeding <br />concerned two categories of violations: new violations of the permit that are <br />unrelated to the September 26, 2019 Order or the conduct related to that order and <br />claims regarding the violations of the Board's September 26, 2019 Order. The <br />