Laserfiche WebLink
S T <br /> t <br /> 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 ("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 />