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t. <br />,. ~ _. • <br />IN THE MATTER OF: <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />Saguache County <br />P.O. Box 476 <br />Saguache, CO 81149 <br />DECLARATORY ORDER <br />TO: Saguache County and all other persons engaged in or owning or controlling the following <br />operation: BLM Pit located in Section 34, T44N, R11E, New Mexico P.M., Saguache <br />County. <br />FINDINGS OF FACT <br />Saguache County is removing stockpiled sand and gravel material from a BLM community <br />pit located in Section 34, T44N, R11 E, New Mexico P.M., Saguache County. <br />2. Saguache County has exclusive use of the pit pursuant to a free use permit with the BLM <br />specifically to remove the stockpiled material. <br />3. The gravel pit was originally opened to serve the needs of the U.S. Bureau of <br />Reclamation's Closed Basin Project. <br />4. Sand and gravel material was excavated, crushed, screened, and stockpiled at the site <br />then transported to the Closed Basin Project. <br />5. Approximately 28,000 tons of excavated and stockpiled material remained in the pit after <br />the Closed Basin Project was completed. <br />6. After acquiring a free use permit from the 6Lfv1, Saguache County began removing the <br />stockpiled material to build and maintain county roads. <br />7. Neither the landowner (BLM) nor the operator (Saguache County) receive compensation <br />for the excavated material. <br />8. The BLM requires chat the site be reclaimed back to rangeland and Saguache County <br />committed to a specific reclamation plan. <br />DECLAR,~,TORY ORDER <br />Based on these Findings of Fact, the Colorado Mined Land Reclamation Board hereby finds that <br />Saguache County is not required to obtain a Mined Land Reclamation permit for the proposed <br />activity, pursuant to the exemption provisions of Rule. 1.2.3. This Order applies to the removal <br />of stockpiled material only. <br />