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<br />The Corley Company <br />Phone 6025050 PO BOa 1921 <br />COLORADO SPRINGS GOLO RADO 80901 <br />Aug. 2, 1993 <br />~C'. ~F ~ .".. <br />Mr. Daniel I. Hernandez AUG 41993 <br />Division of Minerals and Geology <br />1313 Sherman St. <br />Denver CO 802030 Div6ioruii'.i:r:.l.,:.:,v,::.r_•. <br />Dear Mr. Hernandez: <br />We do not agree with your denial of our request of termination of <br />liability for the Newlin Creek Mine. <br />Please refer to the Compliance Agreement Regarding Harrison Western <br />Corporation Responsibilities at the West Pit of the GEC Minerals Site, <br />dated Apr. 21, 1992. Paragraphs 12 and 13 specify that Harrison Western <br />must comply with the applicable portions of the Act and that the <br />performance bond may be released in accordance with Rules 3.02.3 and <br />3.03, the same Rules you used as resons for denial of our request. It <br />is a fact that Harrison Western did not comply with the Act end <br />specifically did not comply with Rules 3.02.3 and 3.03. Therefore. <br />again you have confirmed our complaint that Harrison Western has been <br />given opposite treatment from ourselves. There seems no other <br />conclusion but that the Division has set a precedent by its action with <br />regard to Harrison Western, which your letter confirms when you state <br />Chat the Rules and Regulations are applied differently between permittee <br />and surety. Rule 3.04.2(5) specifies that no bond shall be totally <br />released pricy to successful completion of all reclamation under the <br />terms of the permit, including the applicable liability periods of <br />3.02.3 and release in accordance with 3.03 has occurred. Harrison <br />Western certainly did not comply with 3.04.2(5). <br />Therefore, we are petitioning the Mined Land Reclamation Board for a <br />declaratory order to release The Corley Company from its Newlin Creek <br />Mine liability. The Corley Company, 635 Southpointe Ct., Colorado <br />Springs, CO 80906, is permittee no. C-81-045. This petition relates to <br />Rules 3.02, 3.03, and 3.04, which Rules have been applied differently to <br />Harrison Western than to The Corley Company, thereby setting a precedent <br />with regard to termination of liability. <br />Sincerel}', <br />P//~ , <br />W.D. Corley, <br />President <br />