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<br />A RNOLD 8c PORTER <br />Ms. Catherine W. Begej <br />May 6, 1992 <br />Page 2 <br />performed by Harrison Western, would not have consti- <br />tuted coal exploration, and did not cause substantial <br />disturbance, it could not have violated Rule 4.21. <br />Likewise, assuming that Harrison Western <br />converted a "diversion ditch into an access road" as al- <br />leged, such work was presumably performed at the direc- <br />tion of the Division. It is difficult to understand how <br />work performed at the Division's direction could be <br />deemed a regulatory violation or, indeed, what regula- <br />tion it would have violated. The regulation referenced <br />by Dr. Corley, Rule 4.05.3(c), does not exist; Rule <br />4.05.3(1)(c), to which he is perhaps referring, simply <br />provides that certain types of diversions must comply <br />with "applicable local, State and Federal statutes and <br />regulations." <br />Third, Harrison Western is concerned that the <br />petition may have been filed for harassment purposes. <br />As noted above, the petition mischaracterizes my <br />statements and asserts spurious accusations against <br />Harrison Western. Nor, to Harrison Western's knowledge, <br />did Dr. Corley express concern over the work in question <br />at the time it was performed. Although Dr. Corley now <br />asks that Harrison Western perform further reclamation <br />work, he indicated at the Board's last meeting that he <br />might not provide Harrison Western with any access to <br />the site for reclamation purposes. At the Board's last <br />meeting, Dr. Corley repeatedly expressed his displeasure <br />with the Harrison Western compliance agreement; the <br />current petition is evidently his method of retaliation. <br />Under these circumstances, Harrison Western <br />respectfully requests that, if the Board considers Dr. <br />Corley's petition, Harrison Western be allowed to inter- <br />vene, and that the Board also determine whether Dr. <br />Corley filed the petition for harassment purposes. <br />Harrison Western intends to defend its rights in this <br />matter, including its right to seek its costs, expenses, <br />and attorneys fees from Dr. Corley under Rule 5.03.6 if <br />his petition is denied. <br />