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3. The Petitioner seeks a declazatory order from the Boazd allowing it to store material <br />outside its permit boundaries on property owned by the Petitioner without obtaining a <br />reclamation permit. The Petitioner seeks an exemption from permit requirements pursuant <br />to the Mined Land Reclamation Boazd Policy "Need for a Reclamation Permit," Mazch <br />2003 ("Policy"). The Policy provides that, under most circumstances, an activity is <br />exempt from the definition of mining if: <br />The excavation, use and disposal of the material will occur on a <br />pazcel of private property owned and controlled by the same <br />person .... This exemption shall only apply to ranches and <br />farmlands where the material is used on the pazcel(s) to maintain <br />agricultural operations. (Agricultural zoning of parcel(s) is <br />indicative of the maintenance of agricultural operations.) This <br />exemption shall not apply to residential or commercial <br />developments or the prepazation of such lands for residential or <br />commercial developments. <br />4. The purpose of the proposed operation is to create a river access road on the Petitioner's <br />agricultural property. The excavation, use and disposal of material excavated during road <br />construction will occur on the private property owned and controlled by the Petitioner. <br />Based on the evidence presented and on the Division's recommendation, it is appropriate for <br />the Board to approve the Petitioner's request for a declaratory order exempting the <br />Petitioner's proposed activities from the requirement of obtaining a reclamation permit <br />because the proposed activities comply with the Policy. <br />File No. M-2005-051 <br />R..mwot e . nP~i~.,....., n.,+o. <br />