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<br />::: ~ ~ • iii iiiiiiiiiiiu iii <br />BEFORE THE MINED LAND RECLAMATION HOARD <br />STATE OF COLORADO <br />ORDER DENYING PETITION FOR DECLARATORY ORDER <br />W.D. CORLEY, <br />Petitioner, <br />v. <br />MINED LAND RECLAMATION DIVISION, <br />Respondent. <br />This matter comes before the Board upon a petition for a <br />meeting with the Board filed by W.D. Corley, Jr. The Board con- <br />ducted a hearing in which Corley and the Mined Land Reclamation <br />Division ("Division") appeared as parties. The Board hereby <br />denies the petition for the reasons listed below. <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Corley is the owner of a parcel of property that was <br />mined by G.E.C. Minerals, Inc. ("GEC") pursuant to permit number <br />C-037-B1. <br />2. Permit C-037-81 is the subject of <br />c;oloraao v. c;.E.c. Minerals, Znc., S7CV343, rhea 1n District <br />Court in Fremont County by the Board in December 1987. That ac- <br />tion, which seeks to recover the cost of reclamation of the site <br />from GEC, is still pending. <br />3. Rule 1.14(3)(b) and (c) authorizes the Board to deny <br />a petition for a declaratory order concerning a matter currently <br />pending before a court. <br />