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<br />III III III III IIII III • <br />Gale A. Norton <br />Attorney General <br />Raymond T. Slaughter <br />Chief Deputy Attorney General <br />Timothy M. Tymkovieh <br />Solicitor General <br />04 ~oCO ~ • <br />NI ^^'+ <br />~' <br />••'tr.;~.~~ r <br />X X876 ~` <br />Ll~r ~#~#e of hlnlnra~u <br />DEPARTMENT OF LAW <br />OF FACE OF THE ATTORNLT OENENA~ <br />March 19, 1992 <br />M E M O R A N D U M <br />TO: Members of the Mined Land Reclamation Board <br />FROM: Frank R. Johnson <br />Assistant Attorney General <br />RE: The Corley Company File No. C-81-37 <br />~R~~r <br />7 70 76th StreM - 10th Floor <br />Denver, Colorado 80202 <br />Phone 620.4500 <br />FAX (303) 820.4730 <br />This memorandum contains a summary of the issues and the Divi- <br />sion's recommendation in this matter. This matter involves a <br />request for a Declaratory Order filed by Dr. Corley for the <br />Corley Company ("Corley"). Corley is asking the Hoard to issue <br />an order relating to the Permit No. C-81-037 issued to GEC Min- <br />erals, Inc. ("GEC"). An action against ~ GEC to obtain recla- <br />mation of the site, to which the Board is a party, is currently <br />pending in district court in Fremont County. Dr. Corley is the <br />property owner and is not a party to the Fremont County action. <br />At the February 1992 Hoard Meeting, the Division recommended that <br />the Board deny the petition for a declaratory order because the <br />Board is a party to the lawsuit. The Board continued the hearing <br />to the March Board meeting in order to give the Division, Corley <br />and Harrison Western Corporation ("HWC") an opportunity to set a <br />reclamation schedule and settle Certain issues in the case. <br />The Division believes that the Hoard can best address Corley's <br />concerns by deferring a final decision in this case to allow the <br />Division, HWC and Corley to continue their negotiations. The ~.~ <br />Division does recommend, however, that the Hoard provide the <br />Division with direction on cer=ain issues that need to be <br />resolved to facilitate the negotiations. The Division recommends <br />that the Hoard, after listening to the issues raised by Corleyr <br />