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Resolution No. 1987-23 Page 6 Should County staff find that there is substantial ca'sc to believe t.l~at U,e operation is in violations of tl~e terms and conditions of approval, they slsall provide this Board and tlse operator witls a written s atement specifying the basis for tl,e violation. Tl~e operator shall have a p rind not to exceed ten (10) days from receipt of tl~e notice to cure any sucYt violation. Should tlse operator fail or refuse to cure the reported violation within t}se ten day peziod specified, this Board slsal2 conduct a noticed pub c meeting on said violation, at w}~icls time tlse Applicant and members of a public may be present. Tlse Applicant will be given at least ten days n tice of t}se public meeting and of tlse alleged violation. Reasonable prior no ice of such public meeting shall also be given to interested members of the ttblic, as well as publis}sed in tl.e official County newspaper. Tlse Applicant and members of tlse public shall be given an opportunity to be heard on tlse a leged violation at sttc}s public meeting. Tkse burden s}sall be on tl.e Count staff to present substantial competent evidence in support of t}se alleged continuing viola- tion. Sl.ottld the Board find that there is substantial ompetent evidence presented to support tlse allegations, it shall suspend o revoke t},is land use approval, upon t}se making of appropriate findings. ny such action of t}sis Board to suspend or revoke land use approval for the operation shall be promptly reported to tlse Colorado Mined Land Reclamation oard. Sl,ottld t}se operator continue t)se Sandpit operation in defiance of t}s s Hoard's decision to revoke or suspend its land use approval, tl,e Board steal }save the right to commence appropriate legal proceedings in tlse La Plata Co my District Court to enjoin or prohibit tlse continued operation of tlse Willo Bend Sandpit. 5. Savings Clause: Should any court of competent jurisdiction Bold this decision of approval, or any term or condition of pproval set forts wit}sin tSsis decision, to be illegal, invalid, or unenfo ceable, t}sen this decision shall be deemed to be legally void and revoked Tl,is Resolution constitutes tlse formal decision of tlse La Plata Count Board of County Commissioners in this matter. APPROVED AND ADOPTED in Durango, Colorado this 17t1s d~y of March, 1987. BOARD OF COUNTY OMMISSIONERS LA PLATA COUNTY, COLORADO ~~1~ (',ssh I ' ''' ~~' ~~ ~~ ~ ~• /~ Claud (AUd) Bring i ~. p t ~--. j` ~ .. _ _. K / S + R A ~' ' L~ s ~~ " ' .` • Rollin Rot}i, ice-Ch. •• ~ - ~. 'h.•v, .. J ~ ~ 1 1 r It~liL r