HomeMy WebLinkAbout780641.tiff STATE OF COLORADO RICHARD D. LAMM, Governor
f�. DEPARTMENT OF NATURAL RESOURCES
Harris D. Sherman. Executive Director
MINED LAND RECLAMATION
723 Centennial Building, 1313 Sherman Street
Denver, Colorado 80203 Tel. (303) 839-3567
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WIELI'CIIRTI CUMMIS EIS
!! JUL 11 1978
July 10, 1978 GREELEY. COLO.
Weld County Commission
Weld County Courthouse
Greeley, Colorado
Gentlemen:
Enclosed please find a copy of a Cease and Desist Order issued to
the Weld County Commission by the Mined Land Reclamation Board
during it's June 28 board meeting.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Randall J. Overton
Reclamation Specialist
RO/mj
Enc.
Certified Mail
Return Receipt Requested
780641
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MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF ) NOTICE OF VIOLATION
AND
Weld County and the ) CEASE AND DESIST ORDER
County Commissioners of )
Weld County
TO: Weld County and the County Commission of Weld County
FINDINGS OF FACT
Pursuant to the authority vested in the Mined Land Reclamation
Board by C.R.S. 1973, 34-32-123 as amended, (1976 Session Laws, H.B. 1065)
the Board hereby makes the following findings of fact:
1. Weld County, acting by and through the County Commissioners
of Weld County is operating sand and gravel and other mining operations
located throughout Weld 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, H.B. 1065) .
3. The Mined Land Reclamation Board has not received applications
for all of Weld County's mining operations from the Weld County Commission on
behalf of Weld County as of June 1, 1978.
4. The Weld County Commissioners have not obtained any permits for
the county's mining operations.
5. The Weld 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 VIOLATION
You are hereby notified that the facts stated above constitute a
violation of Section 109 (7) , Article 32, Title 34, C.R.S. 1973, as amended;
and of the previous provision, C.R.S. 1973, 34-32-109 (1) and (2) .
This section currently provides in pertinent part:
An operator shall obtain a development and extraction permit from the
Board for 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.
CEASE AND DESIST ORDER
Based upon the foregoing findings of fact and notice of violation,
and pursuant to the provisions of C.R.S. 1973, 34-32-123, the Board hereby
orders you to:
1. Immediately cease and desist all unpermitted mining operation.
2. Submit a listing and legal description of all unpermitted mining
operations, operated by the county from July 1, 1973 to the present.
3. Submit a permit application to the Board for each unpermitted
mining operation listed in paragraph 2 of this order. For sand and gravel
operations which were previously mined but are still unreclaimed, submit in-
formation required by the Boards compliance plan for such operations. This
information is contained in Exhibit "A" which is attached hereto and hereby
incorporated by reference.
4. To give written notice within five (5) days after receipt of this
notice to the Mined Land Reclamation Board of your compliance with paragraph
one (1) of this cease and desist order.
5. To submit to the Board within ten (10) days after receipt of
this order the listing required by paragraph two (2) of this order and a pro-
prosed schedule of compliance to meet the requirements of paragraph three (3)
of this order.
6. To cease violating Article 34 of Title 32, C.R.S . 1973, as amended,
by continuing to have pits mined without permits which have not been reclaimed.
In clarification of the rights of receipients of notices of violations,
cease and desist orders, parties are advised to consult the Colorado Mined Land
Reclamation Act and the State Administration Procedure Act.
Nothing herein contained, particularly those portions requiring
certain acts to be preformed within a ceratin time, shall be construed as a per-
mit or license either to violate any provisions of the Mined Land Reclamation
laws and regulations promulgated thereunder or to engage in any prospecting or
mining operations within the State.
Persons concerned with judicial review of the provisions of this order
are advised to consult C.K.S. 1973, 34-32-124 (3) , as amended (1976 Sessions
Laws, H.B. 1065) .
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Dated at Denver this `- 5 day of June, 1978.
MINED LAND RECLAMATION BOARD
Department of Natural Resources
BY iC L I 2/. G r
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