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Charles E. Berry <br /> Ajnir.tant County Attonviy <br /> Judici;il 11u11ding <br /> Colorado Spring-, , Colorado <br /> OCLuI•er 1B, 1978 <br /> Dear Mr. Berry: <br /> The !lined Land 4r.cinmation Division lens received your letter of <br /> ticpC^mbur 29 , 1978, rcgarding county gravel pits, mid your wllllnp;ncjs <br /> to co•i;•J.y ull:i rcgulatimis of the Kvlsion. 1 might point out that <br /> irro:pccti.ve of the rcl;ul.ationa rind S.J.7- 4o,3, OP. Colorado 111nnd <br /> Lund lieclamation Act inposra upon all of^_nations of limited impact <br /> operations such as those of the County the obligation to obtain a <br /> permlt from the ?hued Land tnclamntiwi Board. C.R.S. 1973 34-32-110. <br /> By definition of the. term"operator", C.C.S. 1973, 34-32-103(10) , the <br /> above rofcrencod acctiou nl+pllea npactftcnlly Lo comities. To begin <br /> vita, tn •r^.(nrP, it: in dif1.lcult to untl�•r.;t ^nd why th^_ County In co <br /> rccr:JcJ.Lrt:•tt in nl-plylug for o per.mlt.tn oporato their gravel pits, <br /> having; e-prc.r;.:,; 1.11 your letter of September 29, 1978, a wil.linynens <br /> "Lo Comply with the 197G Act and obtniu any permito required by it." <br /> 5iry)ly curLplylug with the Act would t,:<lulrc. Lunt the County obtain a <br /> penult. <br /> Furthermore, ns you call see from the attached copy of S.J.R. No. 3, <br /> uotlLing which the General Assembly did by that Eesolution even purpotts <br /> Lu affect the obligation of counties to obtain o permit for their mining <br /> uporatlonu - whetucr t4kit obligntlon bra based upon the rules and reguls— <br /> tleus, or upon the Act. The General Aviembl7 did not, a . suggested by <br /> your letter of September 29, 1978, disapprove of "nearl7all" of the <br /> L'oard's rules and regulations, and, indend, its Resolution disapproved <br /> cm.,cirativcly few of the rules. rurthonnore, the Board did not wholly <br /> Ignorn the erpression made by the General Assembly by its Resolution, <br /> wid nos :+lnce nmeuded most of thour. rulen Which were identified by the <br /> Resolution. A current copy of our rules is enclosed. <br /> finally. I believe that the Board and ttin staff tine been more than fair <br /> wit:i El Faso County in delaying action against the county for failure <br /> to comply with the Act which we are charged by law to enforce. An Item <br /> will be placed on the Board's next agenda to note a violation of the <br /> Act by the County, and the Ulvialon will reyueet the Board to issue <br /> a cease and desist order to the Comity. Should the County wish to avoid <br />