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4. At the hearing, the Division, presented testimony regarding the <br /> Petition and its interactions with Petitioner regarding the issue. The Division did <br /> not issue a formal decision in response to Petitioner's Is it Mining Questionnaire but <br /> had made clear that it viewed permits as required. The Division asked Petitioner to <br /> submit a petition for declaratory order to give it an opportunity to receive an <br /> exemption. The Division supports the petition. <br /> 5. Petitioner presented testimony regarding the nature of the projects it <br /> would conduct under the exemption it was requesting. Petitioner reiterated that <br /> the materials being removed from sites that would be subject to the requested <br /> exemption were organics or other materials that were not suitable for borrow <br /> material or other use in Petitioner's projects. <br /> CONCLUSIONS OF LAW <br /> 6. 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. (2022). <br /> 7. Rule 2.5 governs declaratory order petitions. At the December 14, 2022 <br /> meeting, the Board convened a non-evidentiary hearing on the petition in accordance <br /> with Rule 2.5.4(c). Petitioners participated and testified at the hearing. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby GRANTS the petition of Weld County Public Works and ORDERS that Weld <br /> County Public Works is exempt from the State Reclamation Permitting <br /> Requirements under 34-32.5-101 et seq., C.R.S. for its roadway construction and <br /> maintenance projects, which occur within the Weld County Right of Way, where not <br /> more than 10,000 cubic yards of unsuitable materials are to be removed and <br /> disposed of at an offsite location. <br /> DONE AND ORDERED this 13 day of -T/ 5 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jill Nels , hair <br /> Weld County Public Works <br /> File No. M-2022-045 2 <br />