_GENERAL DOCUMENTS - M1980193 (3)

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��; K�K, NNP, alik �j Ent 00 C S January 21, 2006 /-/ `I 8O-/ 9 3 /� r✓Board of Licensure for Professional Engineers and Professional Land Surveyors RECEIVED / ' 1560 Broadway (/ Denver, Colorado 80202 JAN 2 5 2006 Subject: Petition for Declaratory Order Division of Minerals and Geology Dear Board Members: With this letter I am petitioning for a Declaratory Order to terminate a controversy relative to State Laws, Rules, and Regulations. The controversy is that the Division of Minerals and Geology (DMG) apparently believe that they can authorize or allow non-licensed engineers to practice engineering. Name and Address of Petitioner: David Doran 10155 Soapweed Road Calhan, CO 80808 Phone-719-347-2110 I am not licensed pursuant to Section 12-25-101 et seq,or Section 12-25-201 et seq.,C.R.S. The petition relates to the apparent conflict between State Statutes 34-32.5-112 (3) (a)that states "The map of the affected lands shall: Be made by a professional land surveyor, professional engineer, or other qualified person." and the PE/PLS Statute 12-25-102 (10) that defines the practice of engineering. Statute 34-32.5-112 (3) (a) apparently has misled some persons into believing that they are qualified to prepare engineering plans and/or land surveys. I read 34-32.5-112(3)(a)to mean that professional engineers need to prepare and design engineering plans, professional land surveyors need to prepare survey maps, and other qualified persons can prepare other maps(such as wildlife and vegetation). I understand that the DMG cannot authorize or allow non-engineers, and should not mislead them, to practice engineering. I believe that surveyors or others (not qualified)preparing engineering plans is not in the best interest of the public. Statement of Facts _. In 2005, Rocky Mountain Materials and Asphalt,Inc. submitted(to the Division of Minerals and Geology— AM-01, M-1980-193) for a gravel pit in El Paso County. The application includes a `Reclamation Plan' (attached) that includes a narrative and `plan map'. The application, narrative and map were prepared by Rocky Mountain Materials and Asphalt, Inc. and Stanley Paul Kohler (PLS # 16411). The application, narrative,and `plan map'discuss and show designs/plans for erosion control, sediment control,and grading. A recent opinion by the PE/PLS Board says, `that the design and preparation of grading, erosion and sediment control plans constitutes the practice of engineering as defined in section 12-25-102(10), C.R S." I attended a pre-hearing conference at the DMG regarding the gravel pit application on January 3, 2006 and was told by an attorney(for the DMG or the Mine Board)that they followed `their' Statutes and other State Statues did not apply. This is in apparent conflict with 34-32.5-115 (d). Request I am confused as to who `rules' and would like clarification. I respectfully request that the PE/PLS Board issue a Declaratory Order to eliminate the controversy with the DMG. I request the Declaratory Order 1