PERMFILE116821

• Permit No: M1980193
• IBM Index Class Name: Permit File
• Doc Name: NOV AND CEASE AND DESIST ORDER
• Media Type: D
• Archive: No

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MINED IA ND RECiAMATION BOAIU)
DEPARTMENT OF NATURAL RESOLIRCL•'S
IN T11E MATTER OF )
EL PASO COUNTY )
NOTI(:E OF VIOLATION
AND
CEASE AND DESIST ORDER
T0: E1 Paso County and the Count}' Commission of E1 Paso County
FINDINGS OF FACT
Pursuant to the authority vested in thr_ Mined Land Reclama[lun
Board by C.R.S. 1973, 34-32-123 as amended, (197(+ Scssi++n i.aws, B.B. 11165)
the Board hereby makes the following findings of fact:
].. E1 Paso County acting by and tlirougli the County Conunisstoncrs of
E1 Paso County is operating sand and gravel 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 Board has not received any apl>lications
from the E1 Paso County Commission on behalf of E1 Paso County fot any mining
operations.
4. The E1 Paso County Commissioners have not obtained any permits for
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 are no longer in operation, but have not been reclaimed as required by law.
NOTICE OF VIOIliTION
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. 1973, 34-32-109 (l) and (2).
This section currently provides in pertinent part:
An operator shall obtain a development and exCruClon permit from the
Board for each mining operation. The term "operator" is defined by [he act to
include counties by C.R.S. 1973, 34-32-103 (10), as amended.