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-11- <br />27. FORMAL PUBLIC HEARING <br />THE CORLEY COMPANY File No. C-81-037 <br />Consideration of the landowner's petition for a Declaratory <br />Order, regarding allegations by the landowner of the Division <br />trespassing onto Corley Company property, falsifying records <br />and mining without permit. <br />Doctor Corley was present and addressed the issues he wanted <br />to be considered by the Board through a Declaratory Order. <br />The consensus of the Division and Board was that the trespass <br />and falsification of records allegations should not be <br />considered by the Board. They suggested that Doctor Corley <br />pursue other legal avenues, in order to resolve those issues. <br />Staff recommended that the Board consider the allegation of <br />mining without a permit during its November 1993 Meeting. The <br />Division will conduct an investigation of the issue and <br />provide notice to the parties of the hearing. <br />The Board, in the matters of trespass on Corley Company <br />property and falsification of records, declined to issue any <br />Declaratory Order, reflected their concern about the <br />allegations, suggested that Doctor Corley, if serious about <br />this matter, pursue available avenues to either prove or <br />disprove the allegations and reflected their high degree of <br />confidence in the Staff of the Program to perform their duties <br />in a proper manner; they stated that the fact that concerns <br />are being expressed over Doctor Corley's allegations in no way <br />indicated that the Board thought that anyone on the Staff had <br />done anything wrong. <br />Staff said the third allegation raised by Doctor Corley that <br />the Division mined without a permit was being handled by the <br />Division's Minerals Program as a citizen's complaint and that <br />it would be investigated. Staff said proper notice had to be <br />given to the parties and that this matter would be presented <br />to the Board during its November 1993 Meeting. <br />Doctor Corley agreed that the matter could be addressed during <br />the November 1993 Board Meeting. <br />The Board, in this case, did not issue a Declaratory Order on <br />the issue of mining without a permit. <br />28. FORMAL PUBLIC HEARING (Sunshine Item) <br />TOWN OF SWINK, COLORADO File No. N/A <br />Consideration of a request for a Declaratory Order exempting <br />the removal, purchase and transportation of clay from <br />privately owned land, for use as lining at a City sewage <br />lagoon, from the requirement to obtain a State reclamation <br />permit. Mr. Rick Dell was present on behalf of the operator. <br />