2019-12-02_PERMIT FILE - M2018039

• Permit No: M2018039
• IBM Index Class Name: PERMIT FILE
• Doc Date: 12/2/2019
• Doc Name: Petition to MLRB for Declatory Order
• From: Blue Earth Solutions
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

SOLUTIONS
December 2, 2019
Colorado Department of Natural Resources
Division of Reclamation, Mining and Safety
Attn: Mr. Eric Scott
1313 Sherman Street; Room 215
Denver CO, 80203
RE: Petition to the Board for a Declaratory Order
North Weld County Water District, Lamb Lakes, File No. M-2018-039
Dear Mr. Scott:
The following information is submitted on behalf of our client, North Weld County Water
District, to petition the Mined Land Reclamation Board for a declaratory order at the
December 2019 meeting.
Petitioner: North Weld County Water District (NWCWD), a quasi-municipal corporation and
political subdivision of the State of Colorado — Current permit applicant for Lamb Lakes
Site (M-2018-039)
Statute Related to Petition: Rule 4.1.2(2) — No Financial Warranty shall be required where the
Operator is a unit of municipal or county government or the State Department of Transportation
and the Operator submits a written guarantee, in lieu of a financial warranty, stating that the
affected lands will be reclaimed in accordance with the terms of the permit, these Rules, and
Section 34-32.5-116, C.R.S.
Issue for Determination: The subject of the declaratory order relates to whether NWCWD is
included under Rule 4.1.2(2) regarding submittal of Performance and Financial Warranty for the
Lamb Lakes Site (M-2018-039).
The Lamb Lakes Site Regular (112) Operation Reclamation Permit application was approved by
the Division on November 14, 2018. At the time of the permit application approval, NWCWD
believed that its status as a quasi-municipal corporation and political subdivision of the State
governed by the Special District Act, Section 32-1-101, et seq., C.R.S., qualified it to be included
under Rule 4.1.2(2). However, the Division requested submittal of the Performance and
Financial Warranty by NWCWD.
Thereafter, NWCWD has been attempting to obtain proof of financial responsibility pursuant to
Rule 4.3. Because of the extended time period required for the Financial Warranty, NWCWD
sought self-insurance or a corporate surety bond rather than utilize the cash and letter of credit
Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 [phone]