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2. In the Board's Order of August 21, 2019 the Board made factual findings and entered an <br /> Order which, inter alia, prevented application of water within the permit area, but did not <br /> further restrict processing, mining and shipping. The Cease and Desist issued by Division <br /> remained in effect. <br /> 3. On August 29, 2019, Division received a written request from Fontanari to approve sales <br /> of material from existing stockpiles, which Division responded to on September 3, 2019 <br /> (Division Response attached as Exhibit A hereto). <br /> 4. The Response permitted sales from existing stockpiles in the area of the Main Pit and <br /> from the crushed basalt stockpile in the North Central Permit area, stating that such sales <br /> must comply with the terms of the existing permit, and that no increase in the footprint of <br /> the mining/processing area could be made and that no new excavations could be made <br /> without an increase in the bond. <br /> 5. Key aspects of the August 21, 2019 Order are now on appeal before the Denver District <br /> Court in a matter fully briefed but not yet decided. <br /> 6. On August 19, 2020, and the operation was once again before the Board regarding certain <br /> alleged violations of the Permit and the existing cease and desist order, resulting in the <br /> issuance of its Order signed on October 27, 2020 (The Board's Order signed October 27, <br /> 2020 is attached hereto as Exhibit B.) <br /> 7. The Order suspended the permit, and listed corrective actions to be taken by Fontanari, <br /> and assessed civil penalties, a portion of which would be suspended if Fontanari <br /> complied with the corrective actions. <br /> 8. Since the date of the Order, Fontanari timely paid the non-suspended portion of the civil <br /> penalties and elected pursuant to 1(b) of the Order to remove the irrigated portion of the <br /> 2 <br />