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~ ~,~~eT ~' 1~~~ ~ ~ 2 o znn5 BEFORE THE MINED LAND RECLAMATION BOARD division of Reclamation, STATE OF COLORADO Mining and Safety ~,,'~ s rn~, ~~~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER IN THE MATTER OF THE REQUEST FOR A DECLARATORY ORDER BY MOLTRER BROTHERS LLC, FILE NUMBER M-2005-030 / THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on September 13, 2006, in Denver, Colorado for a hearing to consider the request of Moltrer Brothers LLC ("Petitioner") for a declaratory order exempting the Petitioner's proposed activities from the requirement of obtaining a reclamation permit. The file number in this matter is M-2005-030. Ray Moltrer appeared on behalf of the Petitioner. Tony Waldron appeazed on behalf of the Division of Reclamation, Mining and Safety ("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: The Petitioner has extracted gravel from a 2.25-acre parcel located in Section 1, Township 34 South, Range 66 West, 6`h Principal Meridian, in Las Animas County, Colorado. The property is owned by the Petitioner. The property is located near the town of Segundo, Colorado. 2. In response to two complaints received in April 2005, the Division first inspected the site in Apri12005. Based on responses to a Division questionnaire on whether the proposed activity was exempt from the requirement of obtaining a reclamation permit, the Division determined in May 2005 that no reclamation permit was necessary. In June 2006 the Division received additional complaints from citizens in the area and inspected the site again on July 11, 2006. Based on the second inspection, the Division observed that the Moltrer Brothers LLC Request for Declaratory Order