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<br />.. ~~ <br />-2- <br /> <br />6. At the August, 1980, meeting, the Board also found <br />fillers to be operating a sand and gravel extraction operation <br />without a permit and issued a cease and desist order. <br />7. The Board also directed at iCs Au~?ust meeting that <br />Plaintiffs be notified of the time and place of the Board's next <br />(meeting to allow them to present objections to the is=uance of <br />the permit, but the Plaintiffs were given no such notification. <br />8. On or about September 25, 198, without notice to <br />Plaintiffs, the Board again considered Spillers' application, <br />removed the cease and desist order and approved the permit. <br />9. The Board's decision to issue the permit is not <br />supported by the record since the undisputed evidence contained <br />therein established that the issuance of the permit was contrary <br />to law, including, but not limited to, the following: <br />(a) The proposed mining operation would adversely <br />affect the stability of a significant, valuable, man-made <br />structure located within 200 feet of the affected land, <br />contrary to C.R.S. 1973, §;4-32-115(4)(d); as amended; and <br />(b) The applicant was in violation of the provis <br />of the Colorado `Mined Land Reclamation Act with respecC to <br />an operation within the State of Colorado, contrary to the <br />provisions of C.R.S. 1973, §34-32-120, as amended; and <br />(c) The proposed operation was otherwise in viola- <br />tion of state and federal laws, contrary to the provisions <br />of C.R.S. 1973, §34-32-115(4), as amended. <br />10. The Board's decision to issue the permit notwith- <br />standing the undisputed evidence that issuance was contrary to <br />the law, was arbitrary, capricious,.and an abuse or clearly <br />unwarranted exercise of its discretion, unsupported by substan <br />evidence and otherwise contrary to law. <br />11. The granting of the permit tans in violation of the <br />procedural limitations imposed on the Board by the Colorado Mined <br />Land Reclamation Act, the Board's own regulations, and the direc- <br />tives of the Board itself, including, but not Limited to: <br />