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• • III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depa rimenl of Natural Resources <br />1 }13 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FAX: 13031 832-8106 <br />November 29, 1993 <br />Dr. W.D. Corley, Jr. <br />The Corley Company <br />P.O. Box 1821 <br />Colorado Springs, CO 80901 <br />Re: Citizen's Request for Inspection <br />Dear Dr. Corley: <br />of Soto <br />,~~ 4~ <br />N~> <br />~ ral6 ~• <br />Ray ROmer <br />Governor <br />Michael B. Lang <br />Division DueUOr <br />This letter is in response to your November 22, 1993 letter to withdraw a petition and to <br />submit a citizen's request for an inspection. The Division has, at your request, withdrawn your <br />petition regarding the reclamation of coal waste placed in the GEC pit by Harrison Western to <br />the Mined Land Reclamation Board. <br />The Division has determined, in accordance with Rule 5.02.5(11, that your request for an <br />inspection of the placement of burning coal waste by Harrison Western in the GEC Orphan Pit <br />does not contain enough facts or evidence that a violation occurred in 1983. Therefore, the <br />Division will not perform an on-site inspection related to this matter. The Division will, <br />however, look into the permits of both Newlin Creek Mine and GEC to determine if the correct <br />permitting action for the disposal of waste into the Orphan Pit had taken place. The Division <br />will notify you of these results at a later date. <br />Be advised That you have a right to request an informal review of the Division's decision not to <br />perform an inspection or to take enforcement action based on your allegation that a violation <br />has occurred. Please refer to Rule 5.02.5(5) if you wish to have an Administrator informally <br />review our actions. <br />Sincerely, <br />~~~~ <br />Daniel I. Hernandez <br />Senior Environmental Protection Specialist <br />DIH/bjw <br />m:\oae\bjw\hbr.dih <br />