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<br />~ iii iiiiiiiiiiiii iii <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7313 Sherman St., Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fn x: 303 832-8706 <br />May 27, 1992 <br />Mr. Robert I. Williams <br />Harrison Western Corporation <br />4860 Robb Street, Suite 101 <br />Wheat Ridge, Colorado B0033 <br />RE: Enforcement Action Decision, GEC Minerals, GEC Strip Mine, <br />Permit No. C-81-037 <br />Dear Mr. Williams: <br />~F-~~~0 <br />~4,i- ~\9 <br />NT~ '~.~~ <br />. ~,~ <br />~;8~~• <br />. ~S~` ~: <br />-'ra 76 <br />Roy Romer, <br />Gwemor <br />Michael B. Long. <br />Division Director <br />Dr. W.D. Corley, Jr. submitted a request for an adjudicatory hearing per Rule <br />1.14 on April 27, 1992, regarding two issues at the GEC Strip Mine. The <br />Division chose to view Dr. Corley's request for an adjudicatory hearing as a <br />Citizen's Request for Inspection and Possible Enforcement Action per Rule <br />5.02.5. Dr. Corley accepted the modification of his request to this procedure <br />in a letter dated May 21, 1992. Copies of these letters are provided for <br />your benefit. An update on our investigation into these issues follows. <br />The Division finds that the exploratory drill hole referenced by Dr. Corley <br />was drilled in 1978 by Sheridan Enterprises. This hole was part of a drilling <br />program that Sheridan Enterprises implemented to evaluate their option to <br />purchase the Newlin Creek Mine from Ne~,alin Creek Coal Company. After the <br />drilling was completed, Sheridan Enterprises chose to not exercise its <br />purchase option. Newlin Creek Coal subsequently sold the mine to Harrison <br />Western who subsequently sold the mine to the Corley Company. It was <br />apparently during the Phase I Bond Release Inspection of the Newlin Creek Mine <br />that the Division requested Dr. Corley to reclaim the drill holes. The <br />Divi.ion therefore will not be taking enforcement action against Harrison <br />Western Corporation on this par~icular it?m at this time. <br />The Divis on investigated the alleged conversion of a diversion ditch into an <br />access road that Subsequently contributed to off-site sediment deposition. <br />The Division has yet to uncover sufficient evidence to indicate that the <br />existing access road existed previously as a diversion ditch, or that Harrison <br />Western affected the existing access road beyond normal traffic use during the <br />reclamation activity in 1990. However, the Division plans to review some <br />aerial photos taken in 1988 and 1991 during the next week, and based on that <br />review will consider whether to proceed with any enforcement action. <br />It is our understanding that as part of the maintenance activities to be <br />performed in the West Pit, Harrison Western will address maintenance of the <br />new diversion ditch, the sediment pond and the access road for prevention of <br />undue erosion and sedimen~ loss. <br />• d~ <br />STATE OF COLORADO <br />