GENERAL50371

• Permit No: C1981037
• IBM Index Class Name: General Documents
• Doc Date: 9/14/1992
• Doc Name: REQUEST FOR DECLARATORY ORDER
• From: DMG
• To: THE CORLEY CO
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

r •.r 1
• III IIIIIIIIIIIIIIII •
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, CO 80203
Phone: t303) 866-3567
Fr\x: 13031 832.8106
September 14, 1992
Dr. W.D. Corley, Jr.
The Corley Company
P.O. Box 1821
Colorado Springs, CO 80901
Re: Request for Declaratory Order
Dear Dr. Corley:
aF ooh
"~, b
~~-'~ . o
e~ ~ .rj .
`~~ .
• X876 ~
Ray Romer
Governor
Michael B Long
Div,s~on Director
On September B, 1992, we received your request for a Declaratory Order
involving reclamation at the Newlin Creek Mine. In the request, it is stated
that The Corley Company wishes the Colorado Mined Land Reclamation Board to
issue an order for reclamation of Sheridan Enterprises' disturbances related
to exploration drill hole No. NC-7. We would like to take this opportunity to
respond.
Rule 1.14(1) of the Regulations of the Colorado Mined Land Reclamation Board
for Coal Mining describes the purposes of Declaratory Orders. This rule
states that persons may petition the Board for a Declaratory Order to
"terminate controversies or to remove uncertainties as to the applicability to
the petitioner of any statutory provision of an rule or order of the Board."
The recent Corley Company request appears to be more a request to accomplish
reclamation of a surface disturbance than a r=quest for determination of the
applicability of any Statutory provisions to the Company. As such, the more
correct procedure for The Corley Company to follow is that of a Citizen's
Request for Informal Review per Rule 5.02.5. Should you wish to proceed in
this manner, please inform us.
The Division ~.aould also like to take this opportunity to provide
The Corley Company with an update on the progress of achieving the reclamation
of the drill hole NC-7 disturbance. We have recently conducted iiscussions
with Randy Turk of the Island Creek Company of Lexington, KentucR.y. The
Island Creek Company had indicated to the Division that they are assuming the
reclamation liability for Sheridan Enterprises' NC-7 drill hole disturbance.
Island Creek will shortly receive from the Division a list of reclamation
contractors in the Canon City area that could complete this.work. We expect
to hear from Mr. Turk regarding his contractor negotiations within the next
two weeks, and we anticipate having the disturbance reclaimed later this fall.