GENERAL31443

• Permit No: C1981037
• IBM Index Class Name: General Documents
• Doc Date: 12/18/1992
• Doc Name: HARRISON WESTERN
• From: DMG
• To: THE CORLEY CO
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 51., Room 215
Denver, CO 80207
Phone: [phone]
FAX: [phone]
December 18, 1992
Dr. W. D. Corley
The Corley Company
P.O. Box 1821
Colorado Springs Colorado 80901
Re: Harrison Western
Dear Dr. Corley:
I would like to take this opportunity to advise you as to
what actions the Division of .Minerals and Geology is taking
in order to resolve the continuing compliance problems with
Harrison Western. I am also soliciting The Corley
Company's endorsement of our actions.
It is my hope that the agreement which we may reach with
Harrison will serve three purposes. First, it will be
possible to have the clean water diversion ditch relocated
to the area and configuration which you have previously
indicated was desirable to The Corley Company. Second, the
culverted outfall will be relocated to a point downstream
of its current location so that it ties in with the Magpie
diversion. Finally, an agreement will further the
Divisions goal of accomplishing comprehensive site
reclamation rather than trying to reclaim the site in a
piecemeal fashion-
The Rules for Coal Mining allow the Board to forfeit a
performance bond in whole or in part for non-compliance
with either the Rules, permit conditions or a Board Order.
As you know, Harrison has had a difficult time conforming
to the terms of the Compliance Agreement. As a result, a
number of violations have been issued to Harrison. The
Division feels that it must now secure funds from Harrison
in order to achieve final reclamation. However, we believe
that the circumstances are convoluted enough that Harrison
may have a defensible position against forfeiture.
Therefore, we are attempting to reach an agreement
regarding a negotiated settlement of the forfeiture issue.
In lieu of forfeiture, the Board may accept funds from
Harrison sufficient to allow for continued maintenance of
the 1.5 acre area of obligation. A negotiated settlement
would also have to provide monies to reconstruct the
diversion ditch in a manner which coincides with the
proposal you provided to Harrison, including relocation of
the outfall; and would provide for dredging of the pond.
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Roy Romer
Governor
M¢hael B. Long
Division Director