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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />IN THE MATTER OF VENTURE RESOURCES, INC., PETITION FOR <br />DECLARATORY ORDER <br />DIVISION OF RECLAMATION, MINING, AND SAFETY'S BRIEF ON <br />LEGAL ISSUES AND ARGUMENTS RELATED TO VENTURE <br />RESOURCES' PETITION FOR A DECLARATORY ORDER <br />This matter will come before the Mined Land Reclamation Board ("Board") <br />on August 12, 2009 to consider a petition for a declaratory order regarding whether <br />the activities proposed by Venture Resources Inc., ("Venture Resources") constitute a <br />mining operation subject to the Mined Land Reclamation Act. This brief will <br />describe the proposed activity and set forth the Division's position with regard to the <br />legal issues raised by the Petition. <br />1. Background <br />The Division initially learned of the proposed project in 2007 and attended <br />meetings between Venture Resources, Clear Creek County and Colorado Department <br />of Public Health and the Environment ("CDPHE") regarding the proposed activities. <br />At that time, the specifics of the proposal were unknown to the Division and the <br />Division did not offer an opinion as to whether the proposal would require an MLRA <br />permit. In June 2009, the Colorado Department of Public Health and the <br />Environment ("CDPHE") contacted the Division and requested that a representative <br />attend an upcoming meeting with Venture Resources. CDPHE had been reviewing <br />the Venture Resources plans for disposal of waste produced by the mill and was <br />unsure whether DRMS should exercise jurisdiction over permitting of the project. <br />Upon reviewing the materials submitted to CDPHE and discussing the o.ect with <br />representatives of Venture Resources, the Division stated its belief that ?pYosal <br />might constitute mining under the MLRA. On July 24, 2009 the Division received <br />the petition for a declaratory order from Venture Resources. After an initial review, <br />the Division requested additional details concerning the proposed operation on <br />August 3, 2009. Venture Resources supplied additional information in its letter of <br />August 5. <br />The materials submitted by Venture Resources generally describe their <br />proposed operation as the removal, transport, and milling of existing waste rock and <br />tailings piles on land owned by a sister corporation. The supplementary materials, <br />submitted on August 5, 2009, generally describe the process of excavation and <br />