2020-01-28_ENFORCEMENT - M2018039 (2)

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER IN THE MATTER OF THE PETITION OF NORTH WELD COUNTY WATER DISTRICT FOR DECLARATORY ORDER, File No. M-2018-039 THIS MATTER came before the Mined Land Reclamation Board ("Board") on December 11, 2019 in Denver, Colorado to consider a petition for declaratory order submitted by North Weld County Water District ("Petitioner"), file number M-2018- 039. William Schenderlein, P.E., a consultant with Blue Earth Solutions, LLC, appeared on behalf of Petitioner. Michael Cunningham and First Assistant Attorney General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). The Board, having considered the parties' presentations and having been otherwise fully informed of the facts in the matter, hereby enters the following: FINDINGS OF FACT 1. Petitioner filed a 112(c) permit application for a construction aggregate site located in Section 3, Township 7 North, Range 69 West, 6th P.M. in Weld County. 2. On December 2, 2019, Petitioner filed a request for a declaratory order from the Board that, as a quasi-municipal corporation and political subdivision of the state of Colorado, it is exempt under Rule 4.1.2(2) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (the "Rules") from the requirement to submit a financial warranty. 3. At the hearing, the Division, presented testimony that Petitioner was a special district and that it had complied with the requirements for an exemption from the requirement to submit a financial warranty. The Division did not oppose the petition. CONCLUSIONS OF LAW 4. The Board has jurisdiction over this matter pursuant to the Colorado Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2019).