2021-05-12_ENFORCEMENT - M1996076 ‎(4)‎

• 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
• Email Name: THM
• Media Type: D
• Archive: No

COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
September 3, 2019
John R. Henderson
RE:Western Slope Flagstone Quarry No. 2
308 E.Simpson St.Suite 103
Lafayette,CO 80026
Rudolph Fontanari
Operator of Western Slope Flagstone Quarry No. 2
3316 E 3/4 Road
Clifton,CO 81520
Re: Western Slope Flagstone Quarry No.2,Permit No. M-1996-076,Written Request to Modify or Lift
Cease and Desist Order Issued by Division on July 12,2019
Mr. Henderson and Mr. Fontanari,
On August 29,2019,the Colorado Division or Reclamation Mining and Safety(Division)received your written
request to modify or lift the Cease and Desist Order that was issued by the Division on July 12,2019,for the
Western Slope Flagstone Quarry No.2, DRMS Permit No. M-1996-076.
On August 21, 2019, the Mined Land Reclamation Board (MLRB) made factual findings and issued a
permanent Cease and Desist Order prohibiting any application of water within the permit boundary. With
the exception of water that may be applied with water trucks per the approved mine plan for dust
suppression to the affected lands.
The MLRB's permanent Cease and Desist Order issued on August 21, 2019, does not prohibit mining,
processing and shipping. However,all mining,processing and shipping activities must be done in accordance
with the specific conditions prescribed in Permit No. M-1996-076, which was approved by the Division on
April 6,2004.
The Division has responded to each bulleted item individually as requested in your August 29th Written
Request:
1. Mr. Fontanari may sell the stockpiled material stored in the 'main' pit located in the southeast
corner of the permit area which includes basalt and other cobble done in accordance with the
specific conditions prescribed in Permit No. M-1996-076, approved by the Division on April 6,
2004;
2. Mr. Fontanari may sell the stockpiled crushed basalt stored in the north central permit area in
accordance with the specific conditions prescribed in Permit No. M-1996-076, approved by the
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1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us *`
Jared S. Polis, Governor I Dan Gibbs, Executive Director Virginia Brannon, Director