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