GENERAL56367

• Permit No: M1981158
• IBM Index Class Name: General Documents
• Doc Date: 8/28/1995
• Doc Name: PETITION FOR DECLARATORY ORDER
• From: FOREST LAKES METROPOLITAN DIST
• To: MLRB
• Media Type: D
• Archive: No

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August 23, 1995 ~~~ ~(~ f
Colorado Mined Land Rec%amation Board
215 Centennial Building
1313 Sherman St.
Denver, CO 80203-2273
RE: PET/T/ON FOR DECLARATORY ORDER
AUG 2 8 1995
METROPOLITAN
DISTRICT
FOREST LAKES
RECEI~/ED
Division of ,~~II)erais & Geology
PETITIONER: FOREST LAKES METROPOLITAN DISTRICT
P. O. BOh" 440
BAYF/ELD, CO 81122-6440
PERMIT /t M81-158
PETITION RULE: 1.2.2 Extraction Where Material is Not Hauled Off-Site
"(a1 gravel or borrow pits or cut and fill excavations located on government /ands for
local use for construction, maintenance, or improvement of specific projects such as
reservoirs, airports, public roads or highways, parks and river channelization; "
BACKGROUND
This gravel operation was originally commenced by the developer, a private
corporation at the site of an existing Colorado Department of Highways gravel pit.
The Co%rado Mined Land Rec/amation Board issued a permit to the deve/oiler in the
early 1980's. The Forest Lakes Metropolitan District, a quasi-municipal unit of
government was formed in accordance with title 32 Colorado Special District statutes
in 1973 and succeeded as operator on March 23, 1992.
PRODUCT/ON
Since succeeding as operator, the District has contracted crushing of only 18,500
tons of material. Since 1989, only 54,000 tons of material have been removed while
the former deve%per was t/le operator. As you can see, over the course of 6 years a
total of 72,500 tons of raterial have been removed which averages approximately
12,000 tons per year, not a large operation. Contract crusher time for such small
amounts has been limited and costly.
PETITION
The Forest Lakes Metropolitan District Board of Directors hereby formally petition the
Co%rado Mined Land Rec/amation Board for a Declaratory Order pursuant to rule
2.5. 1. The District wishes to remove uncertainties as to the applicability of Rule
1.2.2 (a1 relating to the District's operations.
The District submits the following facts necessary to show the nature of the
uncertainty and the manner in which the rule in question applies and hereby asserts
that the type of excavation conducted by the District is not considered mining
operations and does not require a minerals reclamation permit.
P.O. Foz 440 / Bayfield, Colorado 81122 ~ [phone]