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<br />
<br />Resolution No. 1987-23
<br />Page 6
<br />S},ould County staff find that tl,cre is substantial c
<br />tl,e operation is in violation of tl,e terms and conditior
<br />s},all provide Y.l,is Poard and tl,e operator wit], a written
<br />the basis for the violation. The operator shall have a ~
<br />ten (10) days from receipt of the notice to cure any sud
<br />tl,e operator Fail or refuse to cure tl,e reported violatio
<br />period specified, tf,is Poard shall conduct a noticed pul
<br />violation, at. wl,icl, time tl,e Applicant and members of
<br />present, Tl,e Applicant: will be given at least. ten days ,
<br />meeting and of the alleged violation. Reasonable prior n
<br />meeting shall also be given to interested members of the
<br />published in the official County newspaper. The Applican
<br />public s},all be given an opportunity to be heard on tl,e
<br />such public meeting, The burden shall be on the Count
<br />substantial competent evidence in support of t:lre allege
<br />tion. Si,ottld the Hoard find that. t},ere is substantial
<br />presented to support tt,e allegations, it shall suspend
<br />tree approval, upon tl,e making of appropriate findings.
<br />t},is Hoard to suspend or revoke land use approval for t},t
<br />promptly reported to tl,e Colorado Mined Land Reclamation
<br />operator continue tl,e Sandpit operation in defiance of tl
<br />to revoke or suspend its land use approval, tl,e Board sl,a:
<br />commence appropriate legal proceedings in tl,e La Plata Cc
<br />to enjoin or prohibit tl,e continued operation of tt,e Willc
<br />5. Savings Clause: Should any court of competes
<br />ti,is decision of approval, or any term or condition of
<br />wit:lrin t},is decision, to be illegal, invalid, or unenf
<br />decision shall be deemed to be legally void and revoke
<br />constitutes tl,e formal decision of tl,e La Plata Coun
<br />Commissioners in tl.is matter.
<br />ruse to believe t.l,at
<br />s of approval, they
<br />:tatemertt specifying
<br />eriod not. to exceed
<br />violation. Should
<br />~ within the ten day
<br />lic meeting on said
<br />t.l,e public may be
<br />otice of t.l,e public
<br />Mice of such public
<br />public, as well as
<br />and members of the
<br />lleged violation at
<br />y staff t-o present
<br />i continuing viola-
<br />competent evidence
<br />,r revoke this land
<br />Any such action of
<br />operation shall be
<br />Board. Sl,ottld tl,e
<br />is Board's decision
<br />1 t,ave tl,e right to
<br />unty District Court
<br />w Bend Sandpit.
<br />jurisdiction hold
<br />approval set fort],
<br />rceable, then this
<br />Tl,is Resolution
<br />y Board of County
<br />APPROVED AND ADOPTED in Durango, Colorado this 17t1, ay of Marcl,, 1987.
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<br />BOARD OF COUNTY COMMISSIONERS
<br />LA PLATA COUNTY COLORADO
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