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Mr. Robert Hagen - 2 - May 26, 1992 Both the Board and the Division have previously informed Dr. Corley that Harrison Western is acting as a surety performing reclamation in lieu of forfeiture, per Rules 3.04.1(2) and 3.04.2(5), and as such is not considered an operator under the statute. Harrison Western was never issued a permit from the Division for their activities within the GEC permit area; they are, however, performing the reclamation, as the bond for the area of obligation was posted as part of the GEC reclamation obligation. Additionally, Harrison Western was granted in 1986 a 607. reduction of the original 5143,000 warranty to the present amount of $57,200. Dr. Corley was made aware of this proposed decision (copy of notice enclosed), and chose at that time to not contest either the reclamation work, the reduction of Harrison Western's bond, or Harrison Western's status a5 a surety. The 9.81-acre balance of the 11.36 acres of the West Pit, as well as Stockpile No. 2, will be reclaimed under the forfeited GEC Minerals bond. This bond, however, is currently the subject of a lawsuit between the State and GEC Minerals in Fremont County District Court, and, as such, will not be used for the reclamation until this matter is settled. An October, 1992 trial date has been set. Dr. Corley, in his letter to you, raised concerns about the maintenance of a new upland diversion ditch and an existing sediment control pond after the reclamation work in the West Pit is completed. As we have previously discussed with Dr. Corley, the Division holds all sureties performing reclamation in lieu of forfeiture to the same standards as permittees. As such, the diversion ditch and sediment control pond will be maintained up to the Phase II bond release stage; i.e., up to the point that Harrison Western demonstrates that its area of obligation is no longer contributing sediment to the pond. Earlier this year, Dr. Corley requested a Declaratory Order from the Board to force the Division to begin reclamation of the revoked GEC Strip Mine. The Board denied this request. However, the Division has begun to prepare the reclamation bid package for a portion of the site within Section 24 that Dr. Corley requested be attended to first. Thank you for this opportunity •to respond to your letter of transmittal. We hope this satisfies your requests. Please do not hesitate to call us if we can be of further assistance. Sincerely, ~LGGc- / ~tr.~'G c i- Steven G. Renner L~~ Coal Program Supervisor SGR/ern Enclosure(s) cc: Cathy Begej, MLRD Dan Hernandez, MLRD David PJeslin, Arnold & Porter, Denver Frank Johnson, Attorney General's Office 3166E