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,~. .~ The Corley Company _ __ , ,~_,~ Pnone 6J&5050 PO BOx ~B2~ COLORADO SPRINGS.COLORADO B090~ ~ .~(7') June 30, L993 ;-lr. Uaniel I. Hernandez Division c:f Niner2ls and Geology 1313 Sherman St. Denver (:0 80203 Dear P'r. Hernandez: • III IIIIIIIIIIIIIIII 999 Dw~s~„„ ,..... RECEIVED JUL 011993 Division of Imineieis ~ uaology The Corley Company is hereb•.~ requesting a termination of its liab;'itv .and release of its bond for the Newlin Creek C?i.ne in a similar fashion a.^, thF termination and rel?ase ci bond for Harrison Western in the Wr;t Pi r., There is one similarity betwr:eu the two reclamation areas and t~ar.y di_ssirriiarities. Harrison Westent performed the disturbances of the P!ewlin Creek Mine, and their l.acl: of reliable reclamation and irrespun- sible practices at that mine were s'_milar to their inadequacies at the 1?err Pit. These poor practice, by Harrisur: 4,'estern have haunter and hindered our efforts at tec'_amation since 1988. For instance, the Harri~•or; b'eetarn trespass and disturbance. ui the lento land certainly increased our reclamation burder~. The d?:=s:.r:ilarities are more evident. 4:e have achieved satisfactory revegeta [ion •oi thout the severe pulleys oC the Wes[ Pit. Ide have maintained the r.ecessarv KL'DES permits Chat liarrisnr hes[ern did not. We have maintained the sediment ponds; Harrison Western did not comply with their agreement to do so and they were allowed Co iF^"° the sediment pond completely nonfunctional Ion nearly a year. In summary, Harrison Western was allowed to perform very little recl.amatinr, and what they did was inadequate. F.'e believe Chat the Division in tho' agreement dated April 19, 1993, with i!arr~~ror l!astern has established 2 preccGC^.t regarding limitatiuu oC liability, at least with regard [o reclamation of The Corley GimL~~any lands. We have been unable to find the basis for authority to reier,se Herris~~n h•estern from its bond with the paemer.t of approximately one-third of its bond emcunt, particularly when the reclamation. did not qual ~;• i~ur Phase lI release and a large nevi r.inn in the pond and ditch structures was required. IJe note that since the Division has had the respnnsib'_'.ity for the West Fit since releasing }ii:rLi.soP Western there has beer. nn recl;r..ation and there will be no remedial work for rhree months with a resulting safety hazard to a working mine.