2025-11-20_ENFORCEMENT - M2012045

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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 TRIVIEW METROPOLITAN DISTRICT FOR DECLARATORY ORDER, File No. M-2012-045 THIS MATTER came before the Mined Land Reclamation Board ("Board") on October 15, 2025 to consider a petition for declaratory order submitted by Triview Metropolitan District ("Triview" or "Petitioner"), file number M-2012-045. James McCrady and Chris Cummins, Esq., appeared on behalf of Petitioner. Jocelyn Carter and Senior Assistant Attorney General Scott Schultz 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 intends to file a succession of operators application for a 112(c) permit for a 1,030-acre sand, gravel, and borrow material site (Stonewall Springs Quarry Gravel Pit, File No. M-2012-045) located in Section 36, Township 20 South, Range 63 West, 6th P.M. in Pueblo County. 2. On October 6, 2025, 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, Triview 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 Petitioner presented testimony that Petitioner is 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. (2025).