<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
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<br />Doris A. Brennan,ICOmmissioner
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