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