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it y <br /> COLORADO MINED LAND RECLAMATION BOARD <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> DRMS File No. M-1977-211 <br /> Applicant: Continental Materials Corporation <br /> DRMS File No. M-1977-211 (AM-04) <br /> Attorneys for Objector Warren Dean: <br /> Steven K. Mulliken, Bar No. 16709 <br /> Hilary A. Roland, Bar No. 51574 `'C <br /> MULLIKEN WEINER BERG R JOLIVET P.C. RE_ _ Y `D <br /> Alamo Corporate Center <br /> 102 South Tejon Street, Suite 900 SEP 2 3 2020 <br /> Colorado Springs, CO 80903 ON OF <br /> Phone Number: (719) 635-8750 DIVMIN MINING D SAFETY <br /> Fax Number: (719) 635-8706 <br /> E-Mail: mullikennmullikenlaw.com <br /> hroland�,mul likenla�v.com <br /> WARREN DEAN'S PETITION FOR RECONSIDERATION OF THE <br /> MINED LAND RECLAMATION BOARD'S <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br /> Warren Dean``(Mr. Dean'), by and through his undersigned attorneys, and pursuant to Rule <br /> 2.9 of the Colorado Mined Land Reclamation Board (the "Board") Mineral Rules and Regulations <br /> (the -Rules"),. petitions the Board to reconsider the findings of fact, conclusions of law, and order <br /> (the "Decision') signed on August 24, 2020, and issued on September 2, 2020. Pursuant to Rule <br /> 2.9.2, this Petition is timely as it was made within 20 calendar days of the effective date of the <br /> Board's written decision. <br /> I. INTRODUCTION <br /> The Decision of the Board approves the application of Continental Materials Corporation <br /> ("CMC") for Amendment No. 4 to its Permit. Amendment No. 4 displaces the reclamation plan <br /> approved by a prior Board in 2013 as Amendment No. 3. Amendment No. 3 was adopted after years <br /> of study and engineering reports designed to determine what was required to render stable the slopes <br /> that are historically and predictably unstable and have resulted in repeated landslides,more of which <br /> were predicted. <br /> The previously approved Amendment No. 3 requires that the unstable slopes be taken down, <br /> which thereby furnishes the needed fill to complete the reclamation. Amendment No. 4 leaves those <br /> unstable slopes in place,and CMC plans to import approximately 2,345,000 cubic yards of structural <br /> fill with which it proposes to build a buttress wall to hold back these inherently slide prone and <br /> dangerous slopes. Since the hearing, CMC has entered into new contracts which materially change <br /> the assumptions upon which the Board made its decision. <br /> 1 <br />