ENFORCE20154

8. § 34-32.5-109, C.R.S. requires that all persons obtain a permit before commencing a new mining
operation.
9. § 34-32.50-103(13) defines mining operations to include the extraction of construction material from its
natural occurrence on affected land.
10. § 34-32.50-103(3) defines "construction material" to include certain materials extracted for use in the
production of nonmetallic construction products.
11. Petitioner states his intention to extract sand and gravel for private use on his own property, as well as
for commercial purposes. The material he uses on his own property does no[ constitute construction
material because i[ is not being excavated for commercial purposes. A landowner's excavation of
material for use on his own property does not require a permit for this reason.
12. .However, if Petitioner excavates material for commercial purposes, the material constitutes construction
material and a permit is necessary.
13. The Petitioner needs no permit to excavate material for private use; he must have a permit if he decides
to sell it.