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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF THE PETITION OF CARGILL CATTLE FEEDERS,LLC FOR <br /> DECLARATORY ORDER,File No. M-2016-040 <br /> THIS MATTER came before the Mined Land Reclamation Board,(`Board")on <br /> February 23,2017 in Denver,Colorado to consider a petition for declaratory order <br /> submitted by Cargill Cattle Feeders, LLC ("Petitioner"),file number M-2016-040. Deann <br /> Frederickson with AGPROfessionals appeared on behalf of Petitioner. Elliott Russell,Wally <br /> Erickson,and Tony Waldron appeared on behalf of the Division of Reclamation, Mining and <br /> Safety("Division"). <br /> The Board,having considered the parties'presentations and having been otherwise <br /> fully informed of the facts in the matter,hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. On May 20, 2016,the Division received responses from Petitioner to the"Is it <br /> Mining?"questionnaire regarding removal of material from the Cargill Cattle Feeders Dirt Pit <br /> site and transported approximately three miles on county roads for use on lands owned by <br /> ile same.landowner of the extracfiion slue. The Car&4 Catde Feeders Dirt Pit Is 9.97 acres in <br /> size and is located in Section 23,Township 3 North,Range 47 West,6th Principal Meridian in <br /> Yuma County,Colorado <br /> 2. On July 24,2016,the Division sent a letter to Petitioner stating that,based on the <br /> information Petitioner provided: "it is the Division's opinion the proposed project is a mining <br /> operation,due to the off-site transport using county roads. Pursuant to Colorado law,you <br /> are required to first obtain a mined land reclamation permit from the Board prior to <br /> initiating the mining operation. If you disagree with the Division's determination you may <br /> petition the Board for a declaratory order whereby you may obtain an exemption from <br /> permit requirements." <br /> 3. On or about January 17, 2017,the Division received from Petitioner,through <br /> AGPROfessionals,a written petition for a declaratory order from the Board ("Petition"). <br /> 4. On January 23,2017,the Division,through the Office of the Attorney General, <br /> filed awritten response to the Petition. <br /> 5. In its response to question number 5 of the"Is it Mining?"questionnaire, <br /> Petitioner states that extracted material will be"[u]sed on private land owned by <br /> [Petitioner]. May be hauled<3 miles on county road to facilitate transport." Further,in <br /> response to question number 7 on the"Is it Mining?" questionnaire,Petitioner stated that <br /> the extracted material will be used"to fill holes in cattle pens,patch roads, [and]improve <br />