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STATE OF COLOIZADO <br /> DIVISION OF MINERALS AND GEOLOGY of corn <br /> Department of Natural Resources .� o, <br /> 1313 Sherman St., Room 215 <br /> '1876"R <br /> Denver,CO 80203 <br /> Phone:(303)866-3567 Roy Romer <br /> FAX:(303)832-8106 Governor <br /> Michael B.long <br /> Division Director <br /> October 22, 1993 <br /> Dr. W.D. Corley, Jr. <br /> The Corley Company <br /> P.O. Box 1821 <br /> Colorado Springs, CO 80901 <br /> Re: Petition for Declaratory Order <br /> The Corley Company, the GEC Minerals Strip Mine (Revoked Permit No. C-81-037) <br /> and the Inactive Mines Pioneer Canon Reclamation Project <br /> Dear Dr. Corley: <br /> On October 21 , 1993, the Colorado Mined Land Reclamation Board met to consider a Petition <br /> for Declaratory Order submitted by The Corley Company. This petition, dated August 2, 1993 <br /> and addressed to Mr. Bruce Stover, was submitted to the Division on August 4, 1993. The <br /> petition was subsequently expanded by The Corley Company per its letter of August 26, 1993 <br /> to Mr. Daniel Hernandez, submitted to the Division on August 27, 1993. <br /> The issues of this petition involved allegations by The Corley Company that (1) the Division <br /> was trespassing on Corley Company property while conducting certain-activities pertaining-to <br /> the Inactive Mines Program's Pioneer Canon reclamation project, said project having occurred in <br /> June and July of 1993; (2) the Division had altered legal documents related to the Pioneer <br /> Canon project; and (3) the Division, while conducting the activities considered by The Corley <br /> Company as trespassing, was also mining without a permit. <br /> On October 21 , during the regularly scheduled Board meeting of October 20-21 , 1993, the <br /> Board determined that it would not rule upon this petition. The reasons for this action are as <br /> follows: <br /> 1 . The Declaratory Order process has been established per Rule 1 .14 of the Regulations of the <br /> Colorado Mined Land Reclamation Board for Coal Mining for the purpose of terminating <br /> controversies or removing uncertainties as to the applicability to the petitioner of any <br /> statutory provision or of any rule or order of the Board. <br /> 2. None of the three parts of The Corley Company petition were requests by the petitioner for <br /> a determination by the Board of the applicability of any statutory provision, or of any rule or <br /> order of the Board, to the petitioner.. <br />