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<br />Resolution No. 1987-23 <br />Page 6 <br />S}iould wunty staff find t}iat there is substantial ca se to believe t}iat <br />the operation is in violation of the terms and condition of approval, they <br />shall provide this Board and the operator with a written s tement specifying <br />the basis for t},e violation. Tl.e operator s},all have a p riod not to exceed <br />ten (10) days from receipt of the notice to cttre any suc}, violation. Should <br />t},e operator fail or refuse to cure the reported violation within the ten day <br />period specified, this Board shall conduct a noticed pub is meeting on said <br />violation, at w},ic}, time the Applicant and members of the public may be <br />present. The Applicant will be given at least ten days n tice of the public <br />meeting and of the alleged violation. Reasonable prior no ice of such public <br />meeting shall also be given to interested members of the ttblic, as well as <br />pttblis},ed in t}ie official County newspaper. T},e Applicant and members of the <br />public shall be given an opportunity to be heard on the a leged violation at <br />such public meeting. T1~e burden shall be on tl.e Count staff to present <br />substantial competent evidence in support of tl,e alleged continuing viola- <br />tion. S},ould the Board find t},at there is substantial ompetent evidence <br />presented to support tl~e allegations, it shall suspend o revoke this land <br />use approval, upon t)ie making of appropriate findings, ny such action of <br />t},is Board to suspend or revoke land use approval for the operation shall be <br />promptly reported to t},e Colorado Mined Land Reclamation oard. S}.ould the <br />operator continue t},e Sandpit operation in defiance of th s Board's decision <br />to revoke or suspend its land use approval, tl,e Hoard shal have the right to <br />commence appropriate legal proceedings in tl~e La Plata Co ty District Court <br />to enjoin or prohibit the continued operation of the Willo Eend Sandpit. <br />5. Savings Clause: Should any cottrt of competent juzisdiction hold <br />t},is decision of approval, or any term or condition of pproval set forth <br />within this decision, to be illegal, invalid, or unenfo ceable, then this <br />decision s},all be deemed to be legally void and revoked This Resolution <br />constitutes the formal decision of the La Plata Count Board of County <br />Commissioners in t},is matter. <br />APPROVED AND ADOPTED in Durango, Colorado this 17t1t dad of March, 1987. <br />BOARD OF COUNTY COMMISSIONERS <br />LA PLATA COUNTY, OLORADO <br />= ......~,~~ 1, <br />,n1. ~. ~% ~~'~ <br />- +..• gin, ^~ ~.: ~. ~ <br />T : 'ir... li ~_' e ~ <br />r } ,.. <br />-_.. ..__, _,. V <br />~~, ~ l r <br />~~~. ,... <br />~~ L . <br />Claud (Bud) eying ,airman <br /> <br />Rollin Rot},, ce-~'hairman <br />f}~,, <br />/~: /: ~A.i i <br />CA . 1 ~~~.' <br />v ~'.s.: ~ <br />Doris A. Brennan,ICOmmissioner <br />