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:-z. h h h esc sir ~ n, <br />~ ,~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />~.' ~~~~ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE REQUEST FOR A DECLARATORY ORDER BY ACA ~ <br />PRODUCTS AND PAUL MOLTZ, FILE NUMBER M-2005-051,/ <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />November 17, 2005, in Denver, Colorado for a hearing to consider the request of ACA <br />Products and Pau] Moltz ("Petitioner") for a declaratory order exempting the Petitioner's <br />proposed activity from the requirement of obtaining a reclamation permit. The file number <br />in this matter is M-2005-051. Kayette Hutchison appeared on behalf of the Petitioner. Erica <br />Crosby and Bruce Humphries appeared on behalf of the Division of Minerals and Geology <br />("Division"). <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Petitioner obtained a Section 110c Reclamation Permit in 2005 and intends to extract <br />sand, gravel and cobble from a site estimated at between 5 and 8 acres in size, located in <br />Section 27, Township 14 South, Range 78 West, 6`" Principal Meridian, in Buena Vista, <br />Chaffee County, Colorado. The extraction site is located on private property owned by the <br />Petitioner adjacent to the Arkansas River. The materials excavated from the Petitioner's <br />site will be used in site construction for landscaping and retaining walls. <br />The Board has jurisdiction over this matter pursuant to Section 24-4-105 et seq., C.R.S. <br />(2005) and Construction Materials Rule 2.5. <br />/~- ~= JS~ <br />~o~ ~,e~~ <br />File No. M-2005-051 <br />Rem~esf fnr r)er.lflraforv Order <br />