ENFORCE20154

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECLARATORY ORDER
IN THE MATTER OF THE PETITION FOR DECLARATORY ORDER BY MAX DEHERRERA FOR
BORROW PIT, FILE NO. M-2002-095.
THIS MATTER came before the Mined Land Reclamation Boazd on August 21, 2002 at Pueblo,
Colorado for hearing on a Petition for Declaratory Order, pursuant to Board Construction Materials Rule 2.5.
The Petitioner, Max Deherrera, appeared. Bruce Humphries appeared on behalf of the Division of Minerals and
Geology (Division). The Boazd, having considered the Petition and Responses thereto, and the azguments of the
parties, and having been otherwise fully informed in the premises, hereby finds and concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Petitioner seeks an order from the Board declaring that his plans [o excavate sand and gravel do not
constitute mining for which a permit would be required. The proposed site is located on Section 25,
T36N, R9E, N.M.P.M., Conejoes County, Colorado.
2. The Board has jurisdiction over the subject matter of this action and the parties hereto, in accordance
with C.R.S. § 35-32.5-101, et seq.
3. The Board entertains declaratory order petitions in accordance with C.R.S. § 24-4-105(11).
4. In accordance with Construction Materials Rule 2.5.3(a), it is appropriate for the Boazd to mle on the
petition because it would remove uncertainties as to whether the Petitioner's activities constitute a
mining operation that is subject to permitting in accordance with § 34-32.5-109, C.R.S.
5. The Division was granted party status in accordance with Construction Materials Rule 2.5.5(1).
6. Petitioner intends to excavate sand and gravel from his property for personal use at that property, at
other properties he owns, and to sell to third parties. He estimates that he will excavate from an azea of
approximately five acres, and will further level an azea of approximately eight acres, for a total
disturbance of approximately thirteen acres.
The Division advises [hat the operation should not be exempt from permitting requirements because it
involves excavating materials to be hauled off-site, some of which will be sold.