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<br />~. <br />• • iii iiiiiiiiuiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem o! Natural Resources <br />1713 Sherman 51., Room 215 <br />Denvcr, Colorado 80201 <br />Phone 17031866J567 <br />FA%: (3011 8 7 2-8106 <br />February 28, 1994 <br />Dr. W.D. Corley, Jr. <br />The Corley Company <br />P.O. Box 1821 <br />Colorado Springs, CO 80901 <br />Re: Responses to Inquiries Regarding Mine Waste Disposal <br />The Corley Company, The Newlin Creek Mine, Permit No. C-81-045 <br />Dear Dr. Corley: <br />~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCE` <br />Rny Rumcr <br />(,uvr~nnr <br />Ren Salazar <br />E~ecmi.e DireOw <br />m~chael B tong <br />Dkisinn Dvec mr <br />The Division has reviewed The Corley Company's requests for information regarding the 1982 <br />disposal of excess coal mine development waste from the Newlin Creek Mine into the GEC <br />Minerals, Inc. GEC Strip Mine. We wish to provide the following responses: <br />1. The Corley Company's letter of September 7, 1993 stated that "Harrison Western was <br />given permission to put its waste onto our land without a permit or bond." <br />This statement is somewhat incorrect. Harrison Western, operating as the permittee of the <br />Newlin Creek Mine as Harrison-Peltron Joint Venture (HPJV), received approval of a minor <br />revision to its permit to dispose of excess mine development waste from the Newlin Creek <br />Mine into an area within the GEC Mine permit area. This approval was granted by the <br />Division in 1981, with the waste to be disposed of into the Orphan Pit and North Orphan <br />Pit in Section 24, T20S, R70W. In November of 1981 ,GEC and HPJV entered into an <br />agreement allowing for this disposal. At the time of the approval of this minor revision, <br />HPJV's permit associated with the Newlin Creek Mine was Permit No. 76-05, and GEC <br />Minerals, Inc.'s permit for the GEC Strip Mine was Permit No. 77-48. At the time of the <br />approval of the Newlin Creek Mine minor revision, GEC Minerals had two bonds in place <br />totalling $391,000.00. These bonds were Hartford Accident and Indemnity's Bond No. <br />4312804 (566,440.00) and First National Bank and Trust of Oklahoma City's Bond <br />No. 54212 (5324,560.00). <br />2. The Corley Company's letter of September 7, 1993 also stated that "Harrison Western <br />was found by Fremont District Court to be responsible for starting the underground fire in <br />Section 24" and that "Harrison Western should reimburse the costs incorrectly paid by the <br />Federal funds" spent trying to extinguish that fire. <br />Whether Harrison-Peltron Joint Venture in fact caused the fire in 1982 would not be a <br />reason for the Division to seek reimbursement for the costs from Harrison Western. When- <br />ever mine permits are transferred to a successor operator, it is the successor operator that <br />becomes liable for disturbances associated with that mining operation, regardless of <br />