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Response: <br />Summary: <br />Through correspondence with the Lake County Land Use Department, the use of the land for <br />fen research was determined to be compatible with the RUR Zoning District. No excavation <br />permit is required under the Land Development Code. <br />The land is not being prepared for residential or commercial use. <br />Exemption 2 — Limited Ground Disturbance <br />a.) Material extraction is scheduled for the fall months, when the water table is at its lowest and the <br />wetland vegetation has entered dormancy. As currently envisioned, extraction will be accomplished <br />by means of a low ground pressure track hoe, fitted with a peat harvesting implement (See : Photo <br />Plate 1) that systematically cuts uniform blocks of peat for transport to the Hayden Homestead <br />receiver site, where they will be re- assembled to restore the historic fens that were extracted for the <br />sale of peat. <br />Exemption 3 — Governmental Review <br />a) The Corps, EPA, and FWS, who hold primary jurisdiction over Wetlands, Threatened and <br />Endangered Species, and Waters of the U.S., are cooperators in the study, and will be reviewing the <br />construction for compliance as well as determining the study design and performance criteria for its <br />evaluation. <br />b) No state, federal, or local permits have been determined to be required for the proposed extraction of <br />material from the harvest site on private lands, with the exception of the question as to whether a <br />Colorado Mined Land Reclamation permit will be required. <br />c) The material being extracted is not a construction material. <br />1.2 Activities that do not require a Reclamation Permit <br />1.2.1 Specified by Rule <br />The Board has determined that certain types of activities do not need reclamation permits because the <br />excavated substance is not a construction material as defined in Section 34- 32.5- 103(3), Colorado <br />Revised Statutes 1984, as amended, or because the activity is not a mining operation as defined by <br />Section 34- 32.5- 103(13), C.R.S. 1984, as amended. <br />It is the contention of the study team that the peat soils extracted for research purposes do not constitute a <br />construction material, as defined in Section 34- 32.5- 103(3), Colorado Revised Statutes, 1984. Materials <br />extracted will be used for research purposes within the prescribed study area, and no material will be sold or <br />otherwise exchanged for monetary gain. <br />For the aforementioned reasons, the Rocky Mountain Fen Research Study Team presents to the Board a <br />request for a Declaratory Order exempting the project from a Mined Land Reclamation Permit. <br />