Laserfiche WebLink
5. On June 25, 2018, the Operator requested a continuance, and on July <br />2, 2018, the Division continued the hearing to the Board's August 22, 2018 meeting. <br />6. At the August 22, 2018 meeting, the Division presented testimony <br />regarding the May 31, 2018 inspection and the observations made during it. <br />7. Dean Moltrer presented testimony on behalf of Operator. Most of the <br />disturbance at the site had been made during Operator's participation in a work - <br />training program with a local community college where students were taught how <br />to use heavy equipment by Mr. Moltrer in 2006. The recent disturbance was done <br />to expand and level the previously -disturbed area to accommodate a greenhouse <br />which is to be built on the site. The borrow material from the site was donated to <br />the Primera Junior -Senior High School for use in a construction project. The <br />Operator did not charge the school for the borrow material or its transportation. <br />CONCLUSIONS OF LAW <br />8. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2017) ("Act"). <br />9. Under section 34-32.5-109(1), C.R.S., operators are required to obtain a <br />reclamation permit from the Board prior to engaging in a new operation. However, <br />given the nature of the work done to disturb the site, its future use as a greenhouse, <br />the limited amount of borrow material transported offsite, and the fact that the <br />operators testified that the borrow material was donated to the school, the Operator <br />did not violate section 34-32.5-109(1) because no reclamation permit was required <br />under these particular circumstances and fact pattern. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds that the Operator has not violated section 34-32.5-109(1), C.R.S. and, <br />therefore, orders this matter DISMISSED. <br />DONE AND ORDERED this lob <br />day of October 2018. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />/ , Y �_b . <br />J1 Van Noord, Chair <br />Purgatoire Valley Construction, Inc. <br />M-2018-025 2 <br />