Laserfiche WebLink
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 WELD COUNTY PUBLIC WORKS <br /> FOR DECLARATORY ORDER, File No. M-2022-045 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> December 14, 2022, via video conference to consider a petition for declaratory order <br /> submitted by Weld County Public Works ("Petitioner"), file number M-2022-045. <br /> Clay Kimmi appeared on behalf of Petitioner. Michael Cunningham appeared on <br /> behalf of the Division of Reclamation, Mining 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 Is it Mining Questionnaire, dated November 4, <br /> 2022, from Petitioner. Petitioner described a project for the Weld County Public <br /> Works department that would involve removing unsuitable construction materials <br /> such as muck from bar ditches along roads in Weld County. Approximately % of the <br /> material removed from the ditches would be used onsite as a topsoil amendment, <br /> with the remaining materials donated to the Petitioner's contractor who would be <br /> responsible for disposal of the remaining materials from the site. <br /> 2. The Division informed Petitioner that because materials would leave <br /> the site, a reclamation permit would be necessary. The Division, however, <br /> expressed support for an exemption should Petitioner seek one for projects where <br /> less than 10,000 cubic yards of materials are removed from a site. <br /> 3. On December 2, 2022, the Petitioner submitted a petition for <br /> declaratory order requesting an exemption. The petition explained that materials <br /> removed from Petitioner's work sites consisted of high organic content soil, high clay <br /> content soils, and high sulfate content soils. Those materials, which are generally <br /> unsuitable for use in the Petitioner's work projects, are not processed into other <br /> building materials. Instead, Petitioner's contractors have historically taken <br /> ownership of the unsuitable materials and either used them to supplement topsoil, <br /> incorporated them into non-structural features, or given them to adjacent <br /> landowners. Petitioner requested an exemption from the requirement to obtain a 111 <br /> Special Operations permit for projects where less than 10,000 cubic yards of <br /> unsuitable materials would be removed and disposed of at off-site locations. <br />