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<br /> <br />7. Such a reconsideration request is untimely. 2 CCR <br />407-1, Rule 1.14. <br />8. Moreover, even if such a request were timely, the Board <br />finds that the justification given for non-performance of the <br />Board's order is insufficient to warrant vacation of the assess- <br />ment of civil penalties. The asserted justification amounts to a <br />strategic decision made for the benefit of R.E. Monks Construc- <br />tion Company during arbitration proceedings. Such justification <br />does not establish a sufficient reason to vacate the Board's as- <br />sessment of civil penalties in this matter. <br />ORDER <br />The request for an informal board opinion is hereby denied. <br />DATED the day of May 1992. <br />By <br />MARINE STEWART <br />Chairperson <br />Mined Land Reclamation Board <br />Department of Natural Resources <br />State of Colorado. <br /> <br />AG File No. E9314185.45 <br />