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r III IIIIIIIIIIIII III STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 60203 303 666-3567 FA%:303 632-8106 May 12, 1992 pF CO~Oq R~~~ `1 ti~ ~$ N a ~ o ~ 7876 ~ Roy Romer, Governor Michael B. Long, Division Director Dr. W. D. Corley The Corley Company P.O. Sox 1821 Colorado Springs, CO 80901 Re: Request for Board Declaratory Order, G.E.C. Strip, C-81-037 Dear Dr. Corley, The Division received your request fora Declaratory Order per Rule 1.14 on April 27, 1992. The Division interprets this request for review of enforcement issues to fall under Rule 5.02.5, a citizen's request for inspection, as we discussed in a phone conversation on May 8, 1992. Consequently, the Division is proceeding as if the letter came in as a request for an inspection and proceeding with the time frames found in Rule 5.02.5(4). Due to the difficulty in scheduling a mutually agreed upon time for the inspection and the Division's familiarity with the conditions in the field related to the issues raised in the April 25, 1992, request, the Division has chosen not to make an inspection. At this time, the Division is attempting to establish corroborating evidence which would indicate that Harrison-Western is responsible for reworking the road/ditch northeast of the West Pit sediment pond and drilling the exploration hole (Rule 5.02.5(1)(b)(ii)). We would appreciate knowing of any written or photographic documentation which you have which specifically identifies the dates in which these alleged violations occurred and Harrison- Western's involvement in the action(s). We are in the process of reviewing the April, 1992, Board tapes to ascertain whether Mr. Neslin actually testified that Harrison-Western drilled the hole. Following our investigation, but no later than May 22, 1992, the Division will make a decision about the propriety of issuance of violations and proceed accordingly.