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drainage." Petitioner owns both the land from which the material will be extracted and the <br /> site to which it will be hauled. <br /> 6. At the hearing,Ms.Frederickson testified that Petitioner is willing to proceed <br /> with the process to obtain a 110c permit. <br /> CONCLUSIONS OF LAW <br /> 7. The Board has jurisdiction over this matter pursuant to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials,Article 32.5 of Title 34, C.R.S. <br /> (2016). <br /> 8. Rule 2.5 of the Mineral Rules and Regulations of the Colorado Mined Land <br /> Reclamation Board for Construction Materials ("Rules")governs declaratory order petitions. <br /> At its February 23,2017 meeting,the'Board convened a non-evidentiary hearing on the <br /> petition in accordance with Rule 2.5.4(c). Petitioners consented to the hearing on February <br /> 23,2017 and waived further notice. <br /> 9. The material to be removed from the site and transported on county roads <br /> constitutes"construction material,"as defined by section 34-32.5-103(3),C.R.S. <br /> 10. The activities proposed by Petitioner,which include extraction of <br /> construction material from its natural occurrence and transportation of construction <br /> material on county roads,constitute a"mining operation,"as defined by section 34-32.5- <br /> 103(13), C.R.S.,for which a reclamation permit is required. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law,the Board hereby <br /> DENIES the petition of Cargill Cattle Feeders,LLC. <br /> DONE AND ORDERED this day of (LQn,0L2017. <br /> FOR THE COLORADO MINED LAND <br /> REU AMATION BOARD <br /> Al'f � <br /> Thomas Brubaker, Chair <br /> NOTICE OF APPEAL RIGHTS <br /> This order becomes effective and final upon mailing Any party adversely affected or <br /> aggrieved by agency action may commence an action for judicial review by filing a notice of <br /> Cargill Cattle Feeders,LLC <br /> M-2016-040 2 <br />