Laserfiche WebLink
6. Markus Herzog did have the material excavated and crushed. All of this work was <br />done within the timeframe he originally represented to the Board. However, he did <br />not use all of the material as quickly as originally anticipated. Due to health <br />problems, he was unable to complete the development. Other parties have since <br />worked on the development. <br />7. Mullet's Construction used material from the site to work on roads. The company <br />understood that the Sierra Mojada pit was properly authorized. The company <br />removed approximately 3,000 tons from the stockpile and estimates that 2,000 tons <br />remain. <br />8. There is no dispute that the gravel has been distributed to and used by homeowners <br />for purposes beyond primary road development and maintenance. The parties <br />understood that the homeowners could use the gravel. <br />9. C.R.S. §34-32.5-109 requires operators to obtain a reclamation permit before <br />commencing a new mining operation. <br />10. These circumstances do not constitute a violation of C R.S. §34-?2:~-109. The <br />activity in question appears to be consistent with the plans presented to the Boazd <br />before it issued the declaratory order in question. <br />11. There is no evidence that gravel has been removed from the Sierra Mojada <br />subdivision. No witness appeazed to substantiate the allegations made in the <br />anonymous complaint. <br />12. The Board decided that Mr. Herzog's sand and gravel excavation plans do not <br />constitute a mining operation. He excavated and stockpiled material consistently with <br />