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That goes way back to 1978. And this one, until it gets a permit was <br />found in violation and a cease and desist order. <br /> <br />LARRY BROWN: What did we ever do on the 120, I remember in one Board motion the Board <br />found that Weld County would be in a 120 situation? And then we may have <br />reversed that or modified it. <br />BRAD DANES: When the applications for Davis Ranch and I believe another one, came <br />before the Board, they determined that Weld County was no longer in violation <br />and that they were in compliance with all Board orders. <br />LARRY BROWN: Oh really? <br />BRAD JAMES: That was my understanding. <br />DAVE SHELTON: Do you tell me that the cease and desist of 1978 was lifted at that time? <br />BRAD JAMES: Yeh,.... <br />WAYNE SMITH: Mr. Shelton, if you issue a cease and desist and you cannot issue a permit <br />until that is lifted, and you can't lift it..... <br />DAVE SHELTON: You cannot issue permits usually, obviously you have a problem unless you <br />have all your permits...... <br />WAYNE SMITH: As long as you don't have an actual violation, in other words you issue <br />a cease and desist and if you move out and don't mine, I think you are <br />complying with the order of the Board. <br />DAVE SHELTON: That is why the Board issued the permits, whatever it was, last month. <br />The county is coming in with all your applications at the same time. <br />WAYNE SMITH: But if the Board takes the position today that we cannot consider another <br />application, because a cease and desist is still effective we will never <br />get 100 per cent. <br />LARRY BROWN: I got the answer to my question. It is not a 120 situation, is whaC the <br />answer was. <br /> <br />DAVE SHELTON: This is practical because obviously you can't...(inaudible) <br />DICK WARD: Except in E1 Yaso County, inaudible. <br />DAVE SHELTON: No, because E1 Paso County had a number of pits that they had actually <br />mined that they weren't submitting applications for. They, we decided <br />that they had reclaimed properly that we were going to cons ider..inaudible. <br />JOHN WARD: Weld County is pretty much in the process for now. <br />DAVE SHELTON: Weld County is in the process and within a short time, all pits will be <br />permitted. <br />BRAD JAMES: They are currently working on a composite application for similarly <br />situated for the remainder of their applications. <br />DAVE SHELTON: For their 110's. <br />BRAD DANES: For their 110's right, and I believe that is the remainder of all their <br />