PERMFILE121194

• Permit No: M1980189
• IBM Index Class Name: Permit File
• Doc Name: FINDINGS OF FACT NOTICE OF VIOLATION & CEASE & DESIST ORDER
• Media Type: D
• Archive: No

•
MINEU IA ND RECTATIATION ROAIiD
DEPARTMENT OF NATURAL RESOl1RCL•'S
IN THE MATTER OF )
EL PASO COUNTSt )
~ iii iiiiiiiiiiiiiiii
NOTTC:E OF VIOLATION
AND
CEASE AtlU UESIST ORDER
T0: E1 Paso County and the County Commission of E1 Paso County
FINDINGS OF FACT
Pursuant to the authority vested in the t•Ilned Laud Reclamation
Board by C. R, S. 1973, 34-32-123 as amended, (1970 Session laws, B.R. 1065)
the Board hereby makes tl~e following findings of fact:
1, E1 Paso County actint; by and tlirougii the County Conuni.ssioners of
E1 Paso County is operating sand and grave] and other mining operations located
throughout E1 Paso County, Colorado,
2. Sand and gravel and other mining operations are required to be
permitted by the Board pursuant to the terms of Article 32 of Title 34, C,R,S.
1973, as amended (1976 Session Laws, }1. B, 1065).
3. The Mined Land Reclamation Roard has not received any applications
from the E1 Paso County Commission on behalf of El Paso County for any mining
operations.
4. The E1 Paso County Commissioners have not obtained any permits fur
the county's mining operations.
5. The E1 Paso County Commissioners did operate sand and gravel mines
from 1973 to 1976 which were required to be permitted under the Colorado Open
Mining Law and Reclamation Act of 1973. Such operations were not permitted
and ate no longer in operation, but have not been reclaimed as required by law.
NOTICE OP VIOLATION
You are hereby notified that the facts stated above constitute a
violation of Section 109 (1), Article 32, Title 34, C,R,S, 1973, as amended;
and of the previous provision, C.R.S. ]973, 34-32-109 (1) and (2).
This section currently provides in pertinent part:
An operator shall obtain n development and extraction permit from the
Board f.or each mining operation. The term "operator" is defined by the act to
include counties by C.R.S. 1973, 34-32-103 (10), as amended.