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2022-01-18_ENFORCEMENT - M1996076
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2022-01-18_ENFORCEMENT - M1996076
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Last modified
1/31/2022 10:04:43 AM
Creation date
1/18/2022 10:50:21 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1996076
IBM Index Class Name
Enforcement
Doc Date
1/18/2022
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Rodolph Fontanari
Violation No.
MV2020023
Email Name
ACY
THM
CMM
Media Type
D
Archive
No
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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 AN AMENDMENT TO CEASE AND DESIST ORDER, File No. M- <br /> 1996-076 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board")on <br /> limited remand from the Denver District Court, case number 2020-CV-034098, as a <br /> consent item to consider modifications to the Board's Order for violation MV-2022-023, <br /> file number M-1996-076. <br /> The Board, having considered the materials presented and having been <br /> otherwise fully informed of the facts in the matter, enters the 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. <br /> 2. Following a hearing at its August 19, 2020 meeting, the Board issued an <br /> Order for violation MV-2020-023, effective October 27, 2020 (the "Order"). The Order <br /> included a requirement for Operator to"CEASE AND DESIST all mining, prospecting, <br /> milling, exploration and other mining operations. Operator shall not apply any water <br /> within the permit boundary. Activity on the site is limited to those necessary for the <br /> purposes of complying with the corrective actions in this Order and bringing the <br /> operation into compliance." <br /> 3. Operator tiled a complaint in Denver District Court seeking judicial review <br /> of the Order pursuant to section 24-4-106, C.R.S, naming the Board and the Division as <br /> defendants. <br /> 4. The parties to the judicial review case reached a settlement agreement <br /> (the "Settlement Agreement")which included commitments from Operator to perform <br /> specific reclamation steps, including the "reclamation of all highwalls located in the <br /> northern mining area (either backfilled or graded to a minimum of a 3H:1 V) to the <br /> satisfaction of the Division" and the removal and remediation of certain irrigation <br /> improvements within the permit area. The Settlement Agreement also allowed Operator <br /> to sell materials from existing stock piles after Operator posted an interim increase in <br /> the site's Financial Warranty. <br />
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