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6. Respondent admits to extracting moss rock in Section 23, but believed to be authorized to do so by the <br />Boazd's prior declazatory order. <br />FINDINGS OF ULTIMATE FACT AND CONCLUSIONS OF LAW <br />7. C.R.S. § 34-32.5-109 requires that the Respondent obtain a reclamation pernut before engaging in a new <br />mining operation. <br />8. The Boazd has akeady concluded that Respondent's moss rock picking operation does not constitute mining, <br />and therefore requires no permit. The Board specifically declazed that no permit was required for <br />Respondent's operations in Sec[ion 15, and did not address any activity in Section 23. Nevertheless, the <br />location of [he operation has no bearing on whether the operation constitutes mining. If moss rock picking <br />in Section 15 is not mining, it is not mining in Section 23 as well. <br />9. Since this operation does not constitute mining, the Boazd has no jurisdiction over the operation. Any <br />dispute with the B.L.M. regazding right to access is not this Board's concern. <br />ORDER <br />Based on the aforementioned findings of fact and conclusions of law, the Boazd hereby orders that [his matter is <br />dismissed. <br />DATED thi~. day of ,~~~~~7''~'LJ , 2002. <br />FOR OLORADO MINED LAND RECLAMATION BOARD <br />~.Lc.--~-G~GtJ <br />Ronald W. Cattany, Director <br />Division of Minerals and Geology <br />