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~' <br />Declaratory Order CMLRB 8/23/95, CONT'D Page 2 <br />The District further asserts that the extraction and use of construction materials is <br />within a defined project area ... <br />The District owns a gravel pit which is /ocated on District owned /and and is used for <br />construction, maintenance and improvement on District owned public roads located <br />within the District boundary. (See Forest Lakes Metropolitan District Boundary map <br />attachedl <br />...owned or controlled by the same agency... <br />District owns and controls the /and where the grave/ pit is /ocated and the roads <br />where the material is used. <br />...where the materials are ,not sold or hauled off-site... <br />District adopted a policy upon succession of operator that it would not and has not <br />sold material extracted due to the limited area availab/e to extract from. Access to <br />area is controlled by locked gates. Since the extracted material is used solely within <br />the boundary of the District (project areal it is not hauled off-site. <br />...where reclamation of the excavation is assured by project requirements. <br />District is committed to reclaiming the area by various resources availab/e to the <br />project site. The excavation will be incorporated into the District's wastewater <br />treatment facilities thus reclaiming the project under water which will dramatically <br />reduce the amount of reclamation required. Please refer to attached letters from <br />FLMD, Tuttle Applegate and Cap Allen Engineering supporting reclamation plans as an <br />integral part of the District's wastewater treatment master plan. The District has <br />been stockpiling material fir slope reclamation as acquired from foundation excavation <br />sites within the District i~oundary that have county building permits. This was <br />required due to poor soil available at the site to reclaim slopes with and one we think <br />is rather unique to the who% reclamation process. District would further commit to <br />adoption of a resolution b~y the Board of Directors recording it's commitment to the <br />reclamation of the gravel pit operation, if so requested by the Colorado Mined Land <br />Reclamation Board. <br />The District Board of Directors believes it is imperative for the Colorado Mined Land <br />Reclamation Board to role on this petition to remove uncertainties as to the <br />applicability of the rule. <br />This petition does not involve any subject, question or issue which is the subject of a <br />formal or informal matter or investigation currently pending before the Board or a <br />court involving the District. <br />To the best of our knowledge, this petition does not involve any subject, question or <br />issue which is the subject of a formal or informal matter or investigation currently <br />pending before the Board or a court not involving the District. <br />This petition does not seek a ruling on a moot or hypothetical question and will not <br />result in an advisory ruling or opinion. <br />