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iii iiiiiiiiniii iii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: 1703)866-3567 <br />FA%: (3031 832-8106 <br />December 18, 1992 <br />Mr. David Neslin <br />Arnold and Porter <br />1700 Lincoln Street <br />Denver, Colorado 80203 <br />RE: Harrison Western <br />Dear Mr. Neslin: <br />Roy Romer <br />Governor <br />Michael B. Long . <br />Division Director <br />I have reviewed your summarization of the Agreement in Principle which Harrison and the <br />Division reached on December 15, 1992. I would like to clarify two aspects of the <br />summary. The Division will not be seeking dismissal of the suit which Dr. Corley has <br />brought against Harrison. The Division will certainly attempt to resolve the diversion ditch <br />and culvert outfall issues with Dr. Corley by entering into an agreement with him. If we <br />are able to accomplish an agreement with Dr. Corley, then it would seem that there would <br />be no basis for the suit. At that time, either Harrison could move for dismissal or <br />Dr. Corley would withdraw his action. <br />Second, although we are not characterizing this settlement as a forfeiture, it does <br />accomplish the same objective as a partial bond forfeiture. The key differences, though, <br />are that the Board will accept the S18,500.00 payment, earmarked for site reclamation in <br />lieu of calling the bond. Further, Harrison will not be entered into the National Applicant <br />Violator System. I would like to hold open the possibility that, for purposes of the <br />agreement, it may be necessary to elude to this settlement as a partial forfeiture with the <br />above stipulated conditions. <br />Finally, I would like to reiterate that, upon acceptance of the Agreement by the Board, that <br />Harrison would have no further reclamation liabilities at this site. As you noted, the <br />Division will need to discuss with the Attorney General whether the "hold harmless" and <br />"indemnification" language is appropriate in this context. <br />I hope this clarifies our intentions. Please contact me if you have questions or comments. <br />Sincerely, <br />Steven G. Renner <br />Coal Program Supervisor <br />OF ~a0 <br />%~~ <br />'rave <br />m:\oss\yjb\harrison <br />