Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation Nos. MV-2019-023 and MV-2020-023 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF JOINT MOTION FOR REINSTATEMENT OF PERMIT, <br /> SETTING ASIDE CIVIL PENALTIES, AND LIFTING OF CEASE AND DESIST <br /> ORDERS, File No. M-1996-076 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on a joint motion filed by Rudolf Fontanari ("Operator") and the Division of <br /> Reclamation, Mining and Safety ("Division') as a consent item to consider <br /> modifications to the Board's Orders for violations MV-2019-023 and 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 21, 2019, meeting, the Board issued <br /> an Order for violation MV-2019-023 (the "2019 Order"). The 2019 Order assessed <br /> $43,000 in civil penalties. <br /> 3. Following a hearing at its August 19, 2020, meeting, the Board issued <br /> an Order for violation MV-2020-023, effective October 27, 2020 (the "2020 Order"). <br /> The 2020 Order suspended permit M-1996-076; assessed $69,000 in suspended civil <br /> penalties; and included a cease and desist order, which was subsequently amended <br /> by consent order. <br /> 4. Operator filed separate complaints in Denver District Court seeking <br /> judicial review of both the 2019 and 2020 Orders pursuant to section 24-4-106, <br /> C.R.S, naming the Board and the Division as defendants. <br /> 5. The parties to the judicial review case reached a settlement agreement <br /> (the "Settlement Agreement")which included commitments from Operator, all of <br /> which have been fulfilled at this time. <br />