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,_., <br />r <br /> <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />IN THE MATTER OF: <br />DEPARTMENT OF NATURAL RESOURCES <br />The Corley Company 1 <br />The Newlin Creek Mine - <br />Permit No. C-81-045 - <br />PERMITTEE PETITION <br />FOR <br />DECLARATORY ORDER <br />To: The Corley Company and all other persons engaged in or owning or controlling the Newlin <br />Creek Mine coal mining operation located in portions of Sections 30 and 31, Township 20 South, <br />Range 69 West of the 6th P.M., in Fremont County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. <br />34-33-101 et seq., the Board hereby makes the following Findings of Fact: <br />1. On November 17, 1993, the Board held a Formal Public Hearing to consider a Petition for a <br />Declaratory Order, pursuant to Rule 1.14 of the Board's Regulations for Coal Mining, filed by <br />The Corley Company ('Corley") on October 25, 1993, to remove the light use road from the <br />present permit. <br />2. Corley presented evidence and/or testimony demonstrating that: <br />a. during the succession of operators in 1989 from Harrison-Western to The Corley <br />Company, the bond monies had been released for the road reclamation due to the <br />fact that the light use road was approved to be left in place as a permanent <br />structure; <br />b. the approval for the road's retention and the associated bond release implied that <br />the road no longer needed to be included in the permitted area nor needed <br />maintenance. <br />3. The Division of Minerals and Geology ("the Division") presented evidence and/or testimony <br />demonstrating that: <br />a. the Board should not rule on this matter through the use of the Declaratory Order <br />process, as another legal remedy, namely the Partial Bond Release Process per Rule <br />3.03, afforded the permittee an alternative by which to obtain a partial bond <br />release; <br />b. the light use road should not be released from the permit area due to the fact that <br />it provides the only access to the upper portion of the mine site and, as such, must <br />remain permitted for access to the mine for, among other things, inspection, pond <br />removal, and site maintenance; <br />