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The Division advises that no permit should be necessary, as long as he only removes material that has <br />already been excavated. <br />8. § 34-32.5-109, C.R.S. requires that all persons obtain a permit before commencing a new mining <br />operation. <br />9. § 34-32.50-103(13) defines mining operations to include the extraction of constmction material from its <br />natural occurrence on affected land. <br />10. § 34-32.50-103(3) defines "construction material" to include certain materials extracted for use in the <br />production of nonmetallic construction products. <br />11. While the material the Petitioner intends to move constitutes constmction material, his plan does not <br />involve excavating it from i[s Hamra] occurrence. Therefore, his proposal does not involve mining and <br />no permit is required. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Boazd declares for File No. M-2002-102 that <br />Gary Smith's proposed operation, as he describes it, does not require a permit provided that he refrains from <br />excavating any material from its natural occurrence. <br />DATED this ~ day of ~~`"~-' , 2002. <br />FOR ORADO MINED LAND RECLAMATION BOARD <br />Rona~W. Cattan"~~ ~. two <br />Division of Minerals and Geology <br />