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Page 48 <br /> Construction Materials Rule 2 <br /> Any person who is or may be directly and adversely affected or aggrieved <br /> and whose interests are entitled to legal protection under the Act may <br /> petition the Board for declaratory order to terminate controversies or to <br /> remove uncertainties as to the applicability to the Petitioner of any statutory <br /> provision of or any rule or order of the Board made pursuant to the Colorado <br /> Land Reclamation Act For The Extraction Of Construction Materials(Section <br /> 34-32.5-101, C.R.S. et seq.). <br /> 2.5.2 Petition Submission <br /> (1) The petition must be submitted,at a minimum,seven(7)days prior <br /> to the Board meeting at which it is to be considered. <br /> (a) At the regularly scheduled Board meeting, the Board will <br /> determine in its discretion and without notice to Petitioner, <br /> whether to rule upon any such petition. <br /> (b) If the Board determines that it will not rule upon such a <br /> petition,the Board shall promptly notify the Petitioner of its <br /> action and state the reasons for such action. <br /> (2) Any petition filed pursuant to this rule shall set forth the following: <br /> (a) the name and address of the Petitioner and whether the <br /> Petitioner is a Permittee pursuant to the Colorado Mined <br /> Land Reclamation Act; <br /> (b) the statute, rule or order to which the petition relates; <br /> (c) a concise statement of all of the facts necessary to show <br /> the nature of the controversy or uncertainty and the manner <br /> in which the statute, rule or order in question applies or <br /> potentially applies to the Petitioner. <br /> 2.5.3 Consideration of Petition <br /> In determining whether to rule upon a petition filed pursuant to this Rule,the <br /> Board will consider the following matters, among others: <br />