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ORDER <br />Based on the above findings of fact and conclusions of law, the Boazd declazes that Max DeHerrera's proposed <br />operation does not require a permit provided that he excavates all sand and gravel for his private use. if he <br />intends to sell the material, he must apply for the appropriate permit with the Division of Minerals and Geology. <br />Failure to obtain a permit to excavate sand and gravel to sell the material constitutes a violation of C.R.S. §34- <br />32.5-109, and may result in a cease and desist order and penalties. <br />DATED this 9~ ~ day of J T~-t w. J Y.~- , 2002. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />onald W. Cattany, Director C ~ ~ L <br />Division of Minerals and Geology 6~'+' <br />