_PERMIT FILE - M1980194 ‎(3)‎

• Permit No: M1980194
• IBM Index Class Name: Permit File
• Doc Name: NOV AND CEASE AND DESIST ORDER FINDINGS OF FACT
• Media Type: D
• Archive: No

III IIIIIIIIIIIIIIII
MINED LAND RECLAMATION BOALUD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF ) NOTICE OF VIOLATION
AND
EL PASO COUNTY ) CEASE AND DESIST ORDER
TO: E1 Paso County and the County Commission of E1 Paso County
FINDINGS OF FACT
Pursuant to the authority vested in the Mined Land Reclamation
Board by C.R.S. 1973, 34-32-123 as amended, (1976 Sessiou Laws, B.R. 1065)
the Board hereby makes the following findings of fact:
1 . El Paso County acting by and through the County Commissioners of
E1 Paso County is operating sand and gravel and other mining operations located
throughout E1 Paso County, Colorado.
2. Sand and gravel and other mining operations are required to be
permitted by the Board pursuant to the terms of Article 32 of Title 34, C.R.S.
1973, as amended (1976 Session Laws, H.B. 1065) .
3. The Mined Land Reclamation Board has not received any applications
from the El Paso County Commission on behalf of El Paso County for any mining
operations.
4. The E1 Paso County Commissioners have not obtained any permits for
the county's mining operations.
5. The El Paso County Commissioners did operate sand and gravel mines
from 1973 to 1976 which were required to be permitted under the Colorado Open
Mining Law and Reclamation Act of 1973. Such operations were not permitted
and are no longer in operation, but have not been reclaimed as required by law.
NOTICE OF VIOLATION
You are hereby notified that the facts stated above constitute a
violation of Section 109 (1) , Article 32, Title 34, C.R.S. 1973, as amended;
and of the previous provision, C.R.S. 1973, 34-32-109 (1) and (2) .
This section currently provides in pertinent part:
An operator shall obtain a development and extraction permit from the
Board for each mining operation. The term "operator" is defined by the act to
include counties by C.R.S. 1973, 34-32-103 (10) , as amended.