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RECEIVED <br /> NOV 2 4 2025 <br /> DIVMINING AND SAFTEN OF YON COLORADO MINED LAND RECLAMATION <br /> BOARD <br /> 1313 Sherman Street, Room 318, Denver CO, <br /> 80216 <br /> In the Matter of: <br /> Formal Board Hearing for a 112c Reclamation <br /> Permit Amendment Application with Objections, <br /> Kirtright Pit, Permit No.M-1986-123. <br /> Attorneys for Linda and Kevin O'Brien, both Permit No. M 1986 123 <br /> individually and as trustees of The O'Brien Living <br /> Trust <br /> WITWER, OLDENBURG, <br /> BARRY&GROOM, LLP <br /> Kent A. Naughton, #37114 <br /> 822 7th Street, Suite 760 <br /> Greeley, Colorado 80631 <br /> (970) 352-3161 <br /> knaughton@witwerlaw.com <br /> PETITION FOR RECONSIDERATION <br /> COMES NOW, Linda and Kevin O'Brien, both individually and as trustees of <br /> The O'Brien Living Trust ("The O'Briens"), by and through legal counsel, and <br /> pursuant to DRMS Rule 2.9.1(1)-(2), submit the following Petition to the Mined <br /> Land Reclamation Board ("The Board"), seeking reconsideration of the decision the <br /> decision voted upon by the Board on September 17, 2025, which approved of the <br /> 112c Permit Amendment Application No. 1 and an Amended Reclamation Plan in <br /> this Matter. <br /> I. INTRODUCTION <br /> A state agency is not free to disregard its own rules. This is a fundamental and <br /> well-established principle of administrative law. Indeed, reviewing courts <br /> consistently explain that principle is grounded upon concepts of fundamental fair <br /> play and minimum due process. In this case, The O'Briens argued that the <br /> Reclamation Plan at issue did not meet mandatory DRMS requirements for <br /> approval. This argument was especially simple and straightforward with respect to <br />