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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2020-023 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY RUDOLPH FONTANARI, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS OF A <br />BOARD ORDER PERMIT OR REGULATION File No. M-1996-076 <br />THIS MATTER came before the Mined Land Reclamation Board ('Board") <br />on August 19, 2020 via videoconference to consider the possible violations by <br />Rudolph Fontanari ("Operator"), cease and desist order, corrective actions, and <br />civil penalties for failing to comply with the conditions of a Board order, permit, or <br />regulation, file number M-1996-076. Amy Yeldell, Travis Marshall, Russ Means, <br />and Senior Assistant Attorney General Scott Schultz appeared on behalf of the <br />Division of Reclamation, Mining and Safety ("Division"). Rudolph Fontanari, <br />Trevor Gross, and John Henderson, Esq. appeared on behalf of Operator. <br />The Board, having considered the testimony 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. Operator holds a 112c permit for a 141.92-acre gravel -basalt mining <br />operation ("Permit"). The site, known and permitted as Western Slope Flagstone <br />Quarry No. 2, is located in Section 35, Township 10 South, Range 98 West, 6th <br />Principal Meridian, in Mesa County. Approximately 26 acres are currently <br />disturbed by the mining operation. No reclamation has been completed at the site. <br />2. The permitted reclamation plan for the site identifies the post -mining <br />land use to be "non -irrigated range land" and does not allow irrigation during <br />reclamation. Exhibit G to the permit also states that no ground water is present on <br />the site and that dewatering will thus not be necessary. Exhibit G to the permit <br />also states that any water used for dust suppression will be applied via water <br />trucks. <br />3. On May 6, 2020, Operator's counsel sent the Division a letter stating <br />that Operator would be irrigating parcels of land outside of the permit boundary. <br />The letter stated that irrigation tail water from three of the parcels of land <br />Operator intended to irrigate "would tend to flow into the permit area ..." and could <br />