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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 />August 11, 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, 6"' 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 July 7, 2010 Order that issued after the June 9, 2010 hearing on this matter. <br />The Operator submitted a request by e-mail on August 10, 2010. The Operator wrote in part <br />"[a]t this time I have complied with the requirements imposed and posted the $34,000 bond <br />...At the hearing August 11, 2010 I will bring a check and paperwork needed for the <br />reclamation permit....I ask that the fine be waived and the pit re-opened." (Original all caps <br />removed). <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. In its July 7, 2010 Order, the Board found the Operator in violation of § 34- <br />32.5-117(4)(b)(I), C.R.S., for failing to maintain sufficient financial warranty to assure the <br />Dumb and Dumber Trucking, Barton Pit <br />M-2000-149 <br />MV-2010-013