ENFORCE34271

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 QUINTAN MICHEL FOR THE
SBLC #3443 SITE, FII.E NO. M-2002-055
THIS MATTER came before the Mined Land Reclamation Boazd on April 24, 2002 at Denver,
Colorado for hearing on a Petition for Declazatory Order, pursuant to Boazd Constmction Materials Rule 2.5.
Quinlan Michel appeazed on his own behalf. James Stevens appeazed on behalf of the Division of Minerals and
Geology (Division). The Boazd, having considered the Petition and Responses [hereto, and [he 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 a declazation that his moss rock excavation plan 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 unceRainties 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 320 acres in Section 16, T18S, R68W, Fremont
County, Colorado.
5. Petitioner intends to extract sandstone moss rock from the surface. He intends to use a small rubber-
tired loader, and no excavator or other heavy equipment. He intends to extract approximately 500 tons
of rock from state land in six months. Petitioner intends to sell this rock.
6. § 34-32.5-109, C.R.5. requires that all persons obtain a permit before commencing a new mining
operation.
§ 34-32.50-103(13) defines mining operations to include the extraction of construction material from its
natural occurrence on affected land.
8. The definition of mining operations involves extraction of construction material from its natural
occurrence. The Petitioner's proposal involves no excavation. This rock lays on [he surface, there is no