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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation Number: MV-2010-013 <br />ORDER <br />IN THE MATTER OF DUMB AND DUMBER TRUCKING, LLC' S REQUEST FOR <br />RECONSIDERATION AND MODIFICATION OF AN ORDER, File No. M-2000-149 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />July 12, 2010, in Denver, Colorado for a hearing to consider a request from Dumb and <br />Dumber Trucking, LLC (the "Operator") to reconsider and then modify a Board Order. The <br />file and permit number is M-2000-149. Eric Scott appeared on behalf of the Division of <br />Reclamation, Mining and Safety (the "Division"). Brian Barton appeared on behalf of the <br />Operator. <br />The Board, having considered the parties' testimony, and having been fully informed <br />of the facts in the matter, enters the following: <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. As a preliminary matter, the Board first considered the Operator's request to <br />reconsider the Order that issued after the June 9, 2010 hearing on this matter. The Operator <br />submitted a letter to the Board on June 17, 2010. The Operator wrote in part "I want to offer <br />my sincere apology for missing my hearing June 9"....l had it in my head and on the <br />calendar, June 15t" .... I went ahead and knocked off the dirt from the top of the pit....I <br />will continue working on it until the pit sells...." <br />3. Pursuant to Rule 2.9.1 of the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for the Extraction of Construction Materials ("Construction <br />Rules") a party may file a request for reconsideration. The request "must set forth ... the <br />grounds justifying reconsideration, including but not limited to new and relevant facts that <br />were not known at the time of the hearing ...." Construction Rule 2.9.1(2). <br />4. Here, the Board granted the Operator's request for reconsideration. <br />5. After the June 9, 2010 hearing on this matter the Board issued its Order on <br />July 7, 2010. Briefly, the Board found the Operator in violation of § 34-32.5-117(4)(b)(I), <br />C.R.S., for failing to maintain sufficient financial warranty to assure the completion of <br />Dumb and Dumber Trucking, Barton Pit <br />M-2000-149 <br />MV No: M-2010-013