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-- ~ III IIIIIIIIIIIIIIII ~ STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources t 373 Sherman St.. Room 215 Denver, CO 60203 303 666-3567 Fn x: 303 632-8106 August 11, 1992 Dr. W.D. Corley, Jr. OF' COCA ~F. _ 4,~ Ne ti ~,' r~'r BoY Bonrer, Governor Michael B. Long, Division Director President The Corley Company P.O. Box 1821 Colorado Springs, Colorado 80901 RE: Administrative Informal Revie~d, Citizen's Request for Inspection, Rule 5.02.5(5) Dear Dr. Corley: I have reviewed the Division's decision to not take an enforcement action against Harrision-Western for road work conducted to access the West Pit. Road 'work was intended to allow for equipment passage necessary to conduct maintenance work in the West Pit area. Review of aerial photographs indicates that historically, the area was disturbed and some type of access road previously existed. There is no clear evidence that a diversion ditch paralleled the road. it aopears that the condition of the existing road had deteriorated to the point of needing improvement before it .gas servicable. In addition, it appears that this is the only reasonable area by which Harrison - Western could access the site wn,ile minimizing disturbance. Nc undisturbed areas were affected by this activity nor is there any evidence specifically linking offsite impacts from this work. Of greater concern is the ultimate reclamation of the road. This area will b2 reclaimed during reclamation that will be conducted in this portion of the operation in the near future. A reclamation liability does exist but it is not Harrison Western's. They have an ongoing maintenance and reclamation responsibility for a special area and reasonable accomodaticn allowing them accer to the site where no damage has occurred is necessary.