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._ <br />The Corley Company -~ <br />~~~..~ is <br />Pnone 632-5050 R.O. Box 182, ~.' ~ ' <br />COLORADO SPRINGS COLORADO 80901 i <br />f` APR 2 4 19e~ <br />April 22, 1992 1~-_.._ _ . - <br />OFFICE Of SUR:14~ ~.i'..~"; ? <br />Mr. Steve Rathbun <br />Office of Surface Mining <br />United States Department of the Interior <br />Suite 310 <br />625 Silver A•,re. SW <br />Albi,querque, NM 87102 <br />Dear P:r. Rathbun: <br />We called you a month ago about our concerns with the GEC and Harrison Western <br />reclamation on our property ive own near Florence, CO. We have delayed writing <br />this letter anti] after the Mined Land Reclamation Board meeting today. <br />Briefly, GEC mined the 4.'est Pit from 1980 to 1982 after which tine it was <br />determined thet GFC's bond was inadequate. F.arrison Western posted Che bond <br />of $154,000, for the West Pit it: 1982, intending to use the existing hightrall <br />for ucderground entry. A variance for contemporaneous reclamation wr..^, never <br />isst+ed, but backfilling and seeding were done three years later. Harrison <br />L?e stern drilled an exploratory drill hole probably in 1982 - without a permit, <br />bond, or legal right-of-entry. We had to seal that hole in 1990. GEC's bond <br />was forfeited in 1987, but Harrison Western committed to ma.i.ntain the <br />reclamation of the F'cat Pic is lieu of bond forfeiture. Since 1987, Harrison <br />Western has done two small repairs in 1989 and 1990. Caring the last repair <br />in 1990, Harrison Western concerted au existing diversion ditch into a road <br />rahich has al]owed hundreds of cubic yards of sadi.mer.t to enter Magpie Creek. <br />The sediment pond treating water fret" the [Jest Pit has been completely filled <br />with sediment for about a year, cnd *_h.e. NPDES permit expired a year agL, for <br />nonpayment of the permit fee. <br />Ir. F,ug., 1991, we requested an inspection of the West Pit and many <br />deficiencies were noted by AiLBD. ir. Dec., 1991, we requested a declaratory <br />order from MLRB because there her] been no corrective work done as a result of <br />the inspection. Today, we were given a cepy of an agreement between MI.FD ar.d <br />Harrison Western covering their Dbiigations; a copy is enclosed. <br />{!r. br..lieve that Harrison Western's intent was ns an operator as was actual l,: <br />enecified nn the 1982 bond. F'e be'_ieve that Harrison Western's oblige*_ion is <br />at least the era ire West Pit, and also, the StockpiJ.e 1,i2, which was the spoil <br />from the West Pit. However, tcday's agreement greatly reP.o.ces Narri.son <br />Western's reclamation obligation. The West Pit disturbed area is about seven <br />acres, a 1982 survey of the completed pit was about fire acres, and the <br />agreement specifies cniy i.55 acres. The location of th<: boundary for the <br />