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h b ~, ~: ~~ R ~ BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO ~ECE1 VED q~ /MAY Z 4 2006 1vDivision of Minerals aad Geafogy FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER IN THE MATTER OF THE REQUEST FOR A DECLARATORY ORDER BY CITY OF AURORA, CONLIN ASSOCIATES, FILE NUMBER M-2006-001 t/ THIS MATTER came before the Mined Land Reclamation Board ("Board") on April 12, 2006, in Denver, Colorado for a hearing to consider the request of the City of Aurora ("Petitioner") for a declaratory order exempting the Petitioner's proposed activity from the requirement of obtaining a reclamation permit. The file number in this matter is M-2006-001. Michael Conlin of Conlin Associates appeazed on behalf of the Petitioner. Bruce Humphries appeazed on behalf of the Division of Minerals and Geology ("Division"). The Board, having considered the parties' presentations and having been otherwise fully informed of the facts in this matter, hereby enters the following findings of fact, conclusions of law and order: As part of an ongoing research project, the Petitioner intends to extract peat within the boundaries of a 6-acre parcel and to transplant the extracted peat to a different location within the 6-acre parcel. The purpose of the exercise is to test the viability of peat transplants. The reseazch is being conducted as part of the Rocky Mountain Fen Research Project. The reseazch site is located within the confines of the Hallenbeck Ranch in Sections 4, 5 and 6, Township 11 South, Range 80 West, 6`s Principal Meridian, and in Section 33, Township 10 South, Range 80 West, 6`h Principal Meridian, in Lake County, Colorado. The property is owned by the Petitioner. The Petitioner seeks a declaratory order pursuant to Construction Materials Rule 2.5 exempting the proposed activity from the requirement of obtaining a reclamation permit. Qo~~~ ~.>^def City ofAurora/Rocky Mtn. Fen Research Project Request for Deciazatorv Order