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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation Number: MV-2010-013 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF DUMB AND DUMBER TRUCKING, LLC'S POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL <br />PENALTIES FOR FAILING TO POST ADEQUATE RECLAMATION BOND, File No. <br />M-2000-149 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />June 9, 2010 in Denver, Colorado for a hearing to consider a possible violation, Cease and <br />Desist Order, corrective actions and civil penalties for failing to post adequate reclamation <br />bond. The file and permit number is M-2000-149. Eric Scott appeared on behalf of the <br />Division of Reclamation, Mining and Safety (the "Division"). There were no appearances on <br />behalf of Dumb and Dumber Trucking, LLC (the "Operator"). <br />This matter was originally heard at the February 10, 2010 Board meeting. In <br />February, after testimony concluded, the matter was continued to the March 10, 2010 Board <br />meeting. In March, the matter was again continued until the April 14, 2010 Board meeting. <br />In April, the matter was continued until the June 9, 2010 Board meeting. <br />FINDINGS OF FACT <br />1. The Operator holds a Section 110c reclamation permit for a 9.18-acre sand and <br />gravel operation. Permit number M-2000-149. The site is located in Section 8 Southeast 1/4 <br />of the Southeast 1/4, Township 6 North, Range 51 West, 6t' Principal Meridian, in Logan <br />County, Colorado. <br />2. The Division inspected the site in June 2009. The Division found that a high- <br />wall had been created on the south side of the site approximately 400 feet long and 35-40 <br />feet high. The Division noted that tension cracks are visible along the top of the wall and <br />that the wall may be unstable in its current state. Also, there is no safety fencing, barriers, or <br />warning signs at the top of the high-wall. <br />3. The high-wall is not in compliance with the approved mining plan. The <br />approved mining plan states that the excavation depth will be 15 feet. <br />4. The Division sent the June 2009 inspection report to the Operator. The report <br />detailed issues that needed to be addressed and corresponding corrective actions and <br />deadlines. The Division set a July 15, 2009 deadline for the appropriate removal of the high- <br />Dumb and Dumber Trucking, Barton Pit <br />M-2000-149 <br />MV No: M-2010-013