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extent of disturbance exceeded the disturbance described in the answers to the Division's 2005 questionnaire. The Division advised the Petitioner to seek a reclamation permit or to petition the Boazd for a declazatory order exempting the Petitioner's activities from the requirement of obtaining a reclamation permit. 3. The Petitioner seeks a declazatory order pursuant to Construction Materials Rule 2.5 exempting the proposed activity from the requirement of obtaining a reclamation permit. Construction Materials Rule 2.5 authorizes any person who may be directly and adversely affected or aggrieved and whose interests aze protected by the Act to petition the Board for a declazatory order terminating controversies or removing uncertainties as to the applicability to the Petitioner of any statute, rule or order of the Board. The Petitioner asserts that all materials extracted from the excavation site aze used on-site for maintenance of ranch roads and for an equipment yard used in part for farming. None of the materials have left the Petitioner's property. 4. Because the Petitioner's excavation activities aze being conducted entirely on property owned and controlled by the Petitioner and because the materials aze being used solely on such property, it is appropriate for the Boazd to issue a declaratory order exempting the Petitioner's proposed activities from the requirement of obtaining a reclamation permit. ORDER Based on the foregoing findings of fact and conclusions of law, the Boazd hereby approves the Petitioner's request for a Declaratory Order exempting the Petitioner's proposed activities from the requirement of obtaining a reclamation permit. The Petitioner is hereby advised that if conditions change with respect to the use of the excavated materials, the Petitioner must seek Division and/or Board approval, if necessary. Moltrer Brothers LLC Request for Declaratory Order