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6. Fontanari has also paid a financial warranty increase pursuant to a <br /> notice issued by the Division. The site is now fully bonded. <br /> 7. Fontanari and the Division have filed a joint motion for a consent order <br /> lifting the remaining cease and desist orders, reinstating the permit, and setting <br /> aside civil penalties from the 2019 Order and suspended civil penalties from the <br /> 2020 Order. <br /> CONCLUSIONS OF LAW <br /> S. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. (2021) ("Act"). <br /> 9. Section 34-32.5-124(6), C.R.S., provides for the suspension, <br /> modification, or revocation of permit when the Board determines that an operator <br /> has violated a permit provision and requires reinstatement of a suspended or <br /> revoked permit once an operator has, to the Board's satisfaction, brought the <br /> operation into compliance. Fontanari has brought the operation into compliance <br /> with the permit. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby ORDERS that permit M-1996-076 is reinstated and that all civil penalties <br /> assessed in the 2019 Order and the $69,000 in suspended civil penalties assessed in <br /> the 2020 Order are set aside. <br /> The cease and desist orders in both the 2019 and 2020 Orders are hereby <br /> lifted, and all operations permitted under the permit and its mining and reclamation <br /> plans may commence. <br /> DONE AND ORDERED this day of 2022. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nell Wareha m`s, Chair <br /> Rudolph Fontanari <br /> M-1996-076 <br /> MV-2019-023, MV-2020-023 <br /> 2 <br />