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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 />