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<br />r, <br />c. the lowermost 310 feet of the light use road must be regraded and completed at <br />some point in the future, as committed to by the operator in Minor Revision <br />No. 11; <br />d. the Corley Company has agreed to maintain the road both in the permit and in <br />recent correspondence received by the Division on September 20, 1993; <br />e. the issue of final reclamation of the road is currently under review as a permit <br />defect in the permit renewal process for the Newlin Creek Mine. <br />CONCLUSIONS OF LAW <br />Based on the foregoing Findings of Fact and pursuant to C.R.S. 34-33-101 et seq., the Board <br />hereby: <br />1. denies the Corley petition for a Declaratory Order removing the light use road from the permit <br />area, as the request for removal of the light use road from the permit area must be submitted <br />pursuant to the procedures described in Rule 3.03. <br />In clarification of the rights of recipients of Notices of Violation, Cease and Desist Orders and Board <br />Orders, parties are advised to consult the Colorado Surface Coal Mining Reclamation Act and the <br />State Administrative Procedures Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within <br />a certain time, shall be construed as a permit or license to engage in any. prospecting or mining <br />operations within the State. <br />Persons concerned with judicial review of the provisions of this Order are advised to consult C.R.S. <br />24-4-106, as amended. <br />Dated at Denver this ~ 3 ~ day of ~iIDV~swG~- 93 . <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br /> <br /> <br /> <br /> <br /> <br />m:\oss\bjw\order.wr <br />