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2. Defendant, Office of Mined Land Reclamation ("Office") is an agency of the State
<br />of Colorado, created pursuant to the provisions of C.R.S. 34-32-105, chazged with
<br />the administration of certain of the provisions of the Acts.
<br />3. Defendant, Division of Minerals and Geology, State of Colorado, is a division and
<br />agency of the State of Colorado, created pursuant to the provisions of C.R.S. 34-20-
<br />103, which is chazged with the administration of certain of the provisions of the Acts.
<br />4. The Board, Office and Division are referred to hereinafter collectively as the
<br />"NLRB.,,
<br />5. The Defendants Nielsotu, Inc., Blake L. Mitchell, Melodie Mitchell, George Mike
<br />Young, Larry Swain, Mary Swain, Dean E. Wolcott, Bill Baikie, Carrie Baikie,
<br />Douglas Doty, Deborah Doty, Raymond E. Keith, Mancos Soil Conservation
<br />District, Halvor Hill, Joanne Hill, Jimmie Burton, Mary Burton, Thomas Colbert
<br />and Virginia Colbert, were parties to the administrative proceedings below held by
<br />the NLRB and aze named as defendants herein pursuant to the provisions of
<br />C.R.S. 24-4-106(4).
<br />6. On or about October 26, 1994, Kinney submitted an application to the State of
<br />Colorado Mined Land Reclamation Office and Board ("NLRB"), File No. M-94-
<br />115, for a Regular Operntion (112) reclamation permit for a gravel and sand
<br />operntion on 36S acres of real property in Montezuma Counry, Colorado, in T3~N,
<br />R14W, Secs. 1 and 2, NMPM (the "Property', called the ORION Pit (the
<br />"Application")'. The Application included copies of mineral lease(s) and warranty
<br />deed(s) showing Kinney's ownership of mineral rights. Kinney paid the application
<br />fee of $1,875.00.
<br />Kinney's Application was approved by the NLRB as a matter of law in 1995 by
<br />operation of the provisions of C.R.S. 34-32-1~(3).
<br />Notwithstanding the prior approval of the Application by operation of law, the
<br />Board, after a hearing held on September 24, 1997, purported to deny Kinney's
<br />Application and on October 23, 1997, the Board issued its Final Decision and Order,
<br />attached hereto as Exhibit "A" (the "Order").
<br />9. Plaintiff, Stephen H. Kinney ("Kinney") was a party to the proceedings below held
<br />by the NLRB as the Applicant, and brings this action for judicial review of the
<br />actions of the NLRB, pursuant to the provisions of C.R.S. 24-4-106.
<br />10. Kinney is a party adversely affected or aggrieved by the actions of the NLRB
<br />represented by the Order, within the meaning of C.R.S. 24-4-106.
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