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P.5~5 <br />• • <br />12. The performance of any reclamation on section 24 <br />prior to the execution of any judgment obtained in the Fremont <br />County action may affect the Board's position in that action. It <br />follows that Corley is petitioning the Board for an order that <br />may affect the Board's position as a party to a lawsuit. The <br />Board may deny such a request pursuant to Rule 1.14(3)(b) and <br />(c). Furthermore, it is in the Board's best interest, as a garty <br />to the action, to hold any discussions about the expenditure of <br />funds an a site that is the subject of litigation in executive <br />session pursuant to S 24-6-402(3)(a)(II), C.R.5. (1991 Supp.). <br />ORDER <br />1. The request for a declaratory order requiring the <br />Division to commence immediate reclamation of Section a4 is <br />denied. <br />2. The Division is hereby ordered to continue including <br />the West Pit area in its regular inspection of the site. <br />3. HWC shall not be required to obtain a separate permit <br />for the West Pit area but shall be required to comply with all <br />statutory and regulatory requirements, as well as all the terms <br />of Permit No. C-037-81, applicable to that area. <br />4. HWC shall commence immediate reclamation of the area <br />known as Stockpile No. 2, which is within the West Pit area, and <br />shall maintain it in compliance with all statutory. regulatory <br />and permit requirements. <br />5. SWC shall mark the perimeter of the West Pit area <br />pursuant to Rule 4.02.3 by ,Tune 1, 199x. <br />6. HWC shall take such action as is necessary to comply <br />with all requirements of the Water Quality Control Act at the <br />West Pit area. However, nothing in this order shall be construed <br />to be determinative of such requirements. <br />DATED this day of ___ __ 1992. <br />LUKE J. ANIELSON <br />Chairman <br />-4- <br />