GENERAL55251

Petition For Declaratory Order
Mr. Gazy Smith, owner and operator of Smith Fazms petitions the Colorado Mined Land
Reclamation Boazd for a Declaratory Order exempting the following described activity from a
reclamation permit:
Mr. Smith wishes to cleanup approximately 15,000 cubic yazds of material on his farm. The
material was generated some 50 to 60 years ago when a drainage ditch was constructed on Smith
Farms property by the irrigation association. This material consist of cobble, gravel and some
overburden. The effected area consist of several piles or berms along three (3)1/z mile tracts
with a total azea of approximately 211/z acres.
Approximately'i/z to 2/3 of the materials will be used for road and land improvements on the
Smith Farms. The remainder being offered to the public for sale as sand, gravel, road base,
cobble and composted topsoil.
Materials will be moved from there current location to an onsite screening azea for better public
access. These areas are currently plowed fields and will be reclaimed to hay or sod. No actual
excavation will occur.
The material in its present state and location create a situation that makes a portion of the land
unusable and an eyesore to Smith Farms. Weeds can only be hand or aziel sprayed and the
acreage can not be used for farming purposes. Once the land is cleared Smith Farms is
committed to reclaiming the land by extending the adjacent hay fields and perimeter roads.
Staff recommends to the Board that it grant the Declaratory Order for the following reasons:
1) The operation will not involve any actual excavation of materials on site.
2) Only some of the materials will be sold, while the rest is for the landowner to use at their
discretion.
3) By clearing the material, approximately 2 to 3 acres of unusable land will become usable.
4) Once the site is cleared the site will be reclaimed as an extension of an existing hay pasture or
service roads.