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2021-05-12_ENFORCEMENT - M1996076 (4)
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2021-05-12_ENFORCEMENT - M1996076 (4)
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Last modified
12/28/2024 10:17:12 AM
Creation date
5/13/2021 6:08:22 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1996076
IBM Index Class Name
ENFORCEMENT
Doc Date
5/12/2021
Doc Name
Petition
From
Law Offices of John R. Henderson, PC
To
DRMS
Email Name
MAC
THM
Media Type
D
Archive
No
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�e��p <br /> Permit M-1996-076 / Board Resolution and Order of August 21, 2019; Mailed September <br /> 26, 2019/Board Order of October 27, 2020 RECEIVE® <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> MAY 12 2021 <br /> DIVISION OF RECLAWT1014 <br /> MINING AND SAFETY <br /> IN THE MATTER OF LIFTING OF CEASE AND DESIST ORDER AS TO EXISTING <br /> STOCKPILESBOARD ORDER OF OCTOBER 27, 2020 AND TO LIFT THE <br /> SUSPENSION OF THE PERMIT BY RE-INSTATEMENT <br /> MOTION/PETITION TO LIFT ANY CEASE AND DESIST ORDER AS TO SALES <br /> FROM EXISTING STOCKPILES (RESTORING SALES FROM EXISTING <br /> STOCKPILES IN ACCORD WITH DIVISION LETTER OF SEPTEMBER 3, 2019) AND <br /> TO LIFT SUSPENSION OF THE PERMIT BY RE-INSTATEMENT <br /> COMES NOW Western Slope Flagstone, LLC, Western Slope Flagstone, a sole <br /> proprietorship (WSF or "Western Slope"), and Rudy Fontanari ("Fontanari") holders of Permit <br /> M-1996-076 (Permit) and Rudy Fontanari, Operator, (together "Fontanari") by and through <br /> counsel of record, John R. Henderson, Law Offices of John R. Henderson, and moves/ petitions <br /> the Board to remove any prohibition in its October 27, 2020 Order prohibiting sales from <br /> existing stockpiles without additional surface disturbance or increasing of the mining/processing <br /> footprint AND to lift the permit suspension by re-instatement based on compliance by Fontanari <br /> with corrective actions outlined in the Order of October 27, 2020. As grounds therefore, <br /> Fontanari states as follows: <br /> CHRONOLOGY OF EXISTING ORDERS <br /> 1. The initial cease and desist order was issued by Division in this matter on July 12, 2019. <br /> Violations identified by Division were the subject of a hearing before the Board on <br /> August 21, 2019. <br /> 1 <br />
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