1999-09-15_GENERAL DOCUMENTS - M1997092

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF ANTHONY A. BLASI TRUCKING AND EARTHMOVING, THE MAJORS RANCH STI'E, FILE NO.0-97-033, REQUEST FOR DECLARATORY ORDER EXEMPTING STI'E FROM RECLAMATION PERMTI' REQUIItEMENTS THIS MATTER having come before the Mined Land Reclamation Boazd ("the Boazd") on Angus[ 25, 1999, for a heazing pursuant to Rule 2.5 of the Construction Material Rules and Regulations, the Board makes the following Findings of Fact and Conclusions of Law, and enters the following Declazatory Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Anthony A. Blasi ("Blasi") owns a piece of property, Pazce131 of Phase III of the Majors Ranch Site, in Huerfano County, Colorado, Sec. 31, T27S, R68W, 6th P.M. A stockpile of crushed gravel is located on Blasi's property which Blasi would like to remove without having to first obtain a reclamation permit. 2. In 1997, Red Creek Ranch Development, the developers of the Majors Ranch Site, petitioned the Boazd for a declazatory order exempting a gravel pit on the site, used for gravel to be applied on-site to the development's roads, from the requirement of securing a reclamation permit. On November 25, 1997, the Board issued a Declazatory Order, File No. O- 97-033, exempting the activities of Red Creek Ranch Development. That Declazatory Order is incorporated by reference herein. 3. On or about April 18, 1997, Red Creek Ranch Development sold Pazce130 Phase III of the Majors Ranch Development to Blasi. On May 5, 1997, Red Creek Ranch Development additionally transferred title to crushed gravel stockpiled on Blasi's parcel, such crushed gravel having been extracted pursuant to the Declazatory Order described in Paragraph 2 above. 4. On February 20, 1999, Blasi entered into an agreement with the Majors Ranch Property Owners Association under which he is obligated to remove the stockpile from his property, in accordance with the provisions of the agreement, within a period of 24 months. 5. On August 11, 1999, Blasi petitioned the Board for a declatory order exempting the removal of his stockpile from the requirement of obtaining a reclamation pertnit. Blasi indicated that his intent was to continue to supply the Majors Ranch Development with gravel for its roads. In addition, Blasi intends to spread out topsoil and reclaim the azea to rangeland.