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i • <br />Resolution No. 1987-23 <br />Page 6 <br />S}.ould County staff find t}lat there is substantial ca se to believe that <br />tine operation is in violation of t}ae terms and conditions of approval, they <br />shall provide this Board and the operator with a written s atement specifying <br />the basic for tl,e violation. T}~e operator shall have ape iod not to exceed <br />ten (10) days from receipt of tine notice to care any such iolation. Should <br />ti+e operator fail or refuse to cure tfie reported violation it}~in the ten day <br />period specified, this Board shall conduct a noticed publ c meeting on said <br />violation, at w},ici~ time t}ie Applicant and members of ~he public may be <br />present. The Applicant will be given at least ten days no ice of the public <br />meeting and of the alleged violation. Reasonable prior no ce of such public <br />meeting shall also be given to interested members of the ttblic, as well as <br />publlsi,ed in t1,e official County newspaper. T},e Applicant nd members of the <br />public shall be given an opportunity to be heard on the al eged violation at <br />sucl~ public meeting. T}ie burden shall be on tl,e County staff to present <br />substantial competent evidence in support of the alleged continuing viola- <br />tion. S}~ould the Board find that there is substantial ompetent evidence <br />presented to support t1~e allegations, it s},all suspend o revoke t}.is land <br />use approval, upon t}ie making of appropriate findings. A y such action of <br />this Board to suspend or revoke land use approval for the peration shall be <br />promptly reported to the Colorado Mined Land Reclamation oard. Si+ould t},e <br />operator continue the Sandpit operation in defiance of t}~i Board's decision <br />to revoke or suspend its land use approval, t},e Hoard shall have the right to <br />commence appropriate legal proceedings in the La Plata Cou ty District Court <br />to enjoin or pro},ibit the continued operation of the Willow Bend Sandpit. <br />5. Savings Clause: Should any court of competent jurisdiction hold <br />this decision of approval, or any term or condition of a proval set fort} <br />within this decision, to be illegal, invalid, or unenfor cable, then t}.is <br />decision s}aall be deemed to be legally void and revoked. This Resolution <br />constitutes the formal decision of the La Plata County Board of County <br />Commissioners in tl.is matter. <br />APPROVED AND ADOPTED in Durango, Colorado this 17tk, da}~ of March, 1987. <br />BOARD OF COUNTY COMMISSIONERS <br />LA PLATA COUNTY, OLORADO <br />_r ~ ~ <br />~+ <br />' 'C ay;:. ~+, ~,r,; ~, a ,~ <br />„fs~,nF7~:~ ~ j <br />.••1~ <br />'~~,,, t) i; ~ , <br />~.. . . <br />L. <br />~~ > <br />