ENFORCE28449

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 BRENT THURGOOD FOR THE
MESA MOOD RANCH SITE, FII.E NO. M-2002-044.
THIS MATTER came before the Mined Land Reclamation Boazd on March 20, 2002 at Denver,
Colorado for hearing on a Petition for Declaratory Order, pursuant to Boazd Construction Materials Rule 2.5.
Petitioner did not appear. Russ Means appeazed on behalf of the Division of Minerals and Geology (Division).
The Board, having considered the Petition and Responses thereto, and the arguments of the parties, and having
been otherwise fully informed in [he premises, hereby finds and concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Petitioner seeks a declazation that its proposed project remove stockpiles of gravel from private
pastureland does not require a reclamation permit.
2. In accordance with Construction Materials Rule 2.5.3(a), it is appropriate for the Boazd to rule on the
petition because it would remove uncertainties as to whether the Petitioner's operation constitutes a
mining operation that is subject to permitting in accordance with § 34-32.5-109, C.R.S.
3. The Division was granted party status in accordance with Construction Materials Rule 2.5.5(1).
4. The proposed operation would affect approximately 2 acres in Section 36, T1S, Rl W, Mesa County,
Colorado.
5. Approximately 3,500 yards of gravel were stockpiled at the site in question, on land owned by the Mesa
Mood Ranch. There is no evidence as to when the stockpiles were created, but it is believed to have
been prior to the enactment of the Mined Land Reclamation Act. Petitioner, the ranch manager, desires
to use the land for hay fields and pasture. He intends to remove the stockpiles to the natural surface,
avoiding any excavation. He intends to sell the gravel [o contractors.
6. § 34-32.5-109, C.R.S. requires that all persons obtain a permit before commencing a new mining
operation.