GENERAL39786

• Permit No: C1981037
• IBM Index Class Name: General Documents
• Doc Date: 7/22/1992
• Doc Name: RESPONSES TO MEETING OF JUNE 30 1992
• From: MLRD
• To: THE CORLEY CO
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

•
Gale A. Norton
Attorney General
Raymond T. Slaughter
Chief Deputy Attorney General
Timothy M. Tymkovich
Solicitor General
OF' C~(O
~~ w ~ •
1 N 1Nyl= ,
* X876 ~`
ul~~ ~fatr of C~Inlnrn~n
DEPARTMENT OF LAW
OFFICE OF THE ATTORNEY GENERAL
July 16, 1992
M E M O R A N D U M
TO: Steve Renner
Coal Program Supervisor
Division of Mines and Minerals
FROM: Frank R. Johnson
Assistant Attorn~~ral
RE: Harrison Western Corp.'s culvert
110 t6th Street - 10th Floor
Denver, Colorado 80202
Phone [phone]
FAX [phone]
You have requested an ?.nformal opinion concerning the Division's
liability stemming from the approval of the design and location
of a culvert installed at the GEC mine site by Harrison Western
Corp. ("HWC"). Dr. Corley alleges that the culvert trespasses
onto an area leased by Energy Fuels. David Neslin, attorney for
HWC, in his July 6, 1992 letter to Dr. Corley, asserts that the
"Division would be responsible for, and bear the cost of, remov-
ing the culvert...." It is my opinion that the Division has no
such responsibility.
This matter involves a property rights dispute between HWC and
Dr. Corley. Section 34-33-110(2)(j), C.R.S. (1984) specifically
denies the Division the jurisdiction to decide such disputes.
HWC installed the culvert in order to avoid the forfeiture of its
reclamation bond. The Division evaluated the design and location
of the culvert for compliance with the Colorado Surface Coal
Mining Act, but has no obligation or authority to review title to
the real property. HWC bears the responsibility for ensuring
that its maintenance and reclamation activities do not violate
applicable laws oc property rights.