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The Corley Company Phone 632-5050 P O. Box 1821 COLORADO SPRINGS COLORADO 80901 July 3, 1992 iii iiiiiiiiiiiiiiii ~ECEei/E~ JUL 0 6 199:: Ms. Catherine W. Begej Mined Land Reclamation Div. 1313 Sherman St. Denver, CO 80203 Dear Ms. Begej: Mined Land Reclamation bit/ision We wish to appeal a portion of the Division's decision regarding Harrison Western's construction of the access road in 1990. We will accept the decision that additional erosion of the area was not caused by the Harrison Western constructed road, but we believe that Harrison Western should not be allowed to create a road outside their liability area. Specifically, MLRD has ignored the testimony of Al Weaver of Energy Fuels, who stated that Harrison Western constructed a very wide road in 1990. Your June 29, 1992, letter says that vegetation was removed along the road, that the road was extended, and that the road is approximately 500 feet long. Since the area of road extension is clearly visible in the aerial photographs and since the amount of cut for the road is easily established at this time in the field, we contend that the Division should not make the decision that "the grading of the road was not excessive". We do not believe that cuts of six to eight feet can be called "minor road work". Further, your letter implies that it is permissible to create a road in an area that was [previously] extensively disturbed and unreclaimed. We note that the road is outside Harrison Western's reclamation area, and that you have eliminated the road they created from their reclamation responsibility. By our appeal, we wish to have it established or denied that it is or is not permissible to remove vegetation for an access road, to make deep cuts for the road, to extend the road, and to further disturb an area just because it was previously disturbed and then to be able to avoid any liability for the reclamation of the road so created. Sincerely, W /- W.D. Corley, J President cc: OSM