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the representations he made to the Board. Therefore, his excavation does not <br />constitute an illegal mining operation. <br />13. If sand or gravel excavated from the Sierra Mojada pit had been sold to third parties <br />for use outside the subdivision, then the project would have been inconsistent with <br />Mr. Herzog's stated intentions and the exemption declared by the Boazd would not <br />apply. The excavation would then constitute a commercial mining operation for <br />which a permit is required. However, there is no evidence that sand or gravel was <br />sold to third parties for use outside the subdivision. <br />14. Removal of material from the existing stockpile does not constitute a mining <br />operation. Thus, no permit is necessary to do so. <br />15. If any person excavates additional sand or gravel from the Sierra Mojada pit, or any <br />other site, they may first need a reclamation permit to do so. <br />ORDER <br />,Based on. the foregoing findings of fact and conclusionsof law,-the Board herehy orders - <br />that this matter is dismissed. <br />~/_~ <br />DATED this / day , 2003. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />oe R. Janosec, Ch irman <br />Mined Land Reclamation Board <br />