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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 CONEJOS COUNTY FOR <br />DECLARATORY ORDER, File No. M-2020-036 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />October 21, 2020 via video conference to consider a petition for declaratory order <br />submitted by Conejos County ("Petitioner"), file number M-2020-036. Conejos <br />County Attorney Nicholas Sarmiento and Donnie Martinez appeared on behalf of <br />Petitioner. Lucas West appeared on behalf of the Division of Reclamation, Mining <br />and Safety ("Division"). <br />The Board, having considered the parties' presentations, filings, and having <br />been otherwise fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. The Division received a letter and Is it Mining Questionnaire from <br />Petitioner on July 27, 2020. Petitioner described a project for the Conejos County <br />Road and Bridge department that would involve leveling irrigation reservoirs in <br />fields. Petitioner would conduct the work of leveling the reservoirs and would <br />remove any remaining gravel, dirt, and fill materials for stockpiling and use in <br />county road projects. Landowners would donate any materials removed to <br />Petitioner. <br />2. On August 5, 2020, the Division informed Petitioner that it viewed the <br />activities described in the July 27, 2020 questionnaire as a mining operation that <br />would require a reclamation permit. The Division's letter also informed Petitioner <br />of its right to petition the Board for an exemption from the permit requirement. <br />3. On September 11, 2020, Petitioner submitted a petition requesting <br />reconsideration of the Division's determination that the proposed activities <br />constituted a mining operation. The petition explained that eomo to most of the <br />materials used to construct the irrigation reservoirs had been imported onto the sites. <br />This means that without removing materials from the irrigation reservoirs during <br />deconstruction, landowners would be left with mounds on their property that would <br />prevent other beneficial uses of the land. Petitioner reiterated that any materials <br />removed by it for use in road work projects would be donated by landowners. <br />4. At the hearing, the Division, presented testimony regarding the <br />proposed project and its scope. The initial questionnaire referenced two cites, but <br />the Division was subsequently informed that those would just be the first two of <br />