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,.~ <br />Y " ,• ~ • • <br />Dr. W.D. Corley, Jr. -2- February 28, 1994 <br />The Corley Company <br />whether those disturbances occurred prior to or subsequent to the approval of the <br />application for succession. In the case of the Section 24 fire, the Office of the Colorado <br />Attorney General found on April 7, 1983 that the fire "was not the result of coal mining <br />operations permitted in accordance with Title V of SMCRA or the Colorado Surface Coal <br />Mining Reclamation Act," based upon an investigation conducted by Donald Donner of the <br />U.S. Office of Surface Mining in 1982, and upon testimony from former workers of the <br />Double Dick Mine that "the mine was on fire when it closed in 1968." The Washington, <br />D.C. Office of Surface Mining concurred with the Attorney General's finding, and on <br />April 13, 1983 determined that the fire constituted an emergency as defined in <br />Section 410 of SMCRA. On April 28, 1983 the OSM allocated funds for the reclamation <br />of the fire as a result of that finding. At this point, we do not see a reason for disputing <br />either of these findings. <br />We hope our response addresses the concerns of The Corley Company. Should you have any <br />further questions, please contact us. <br />Sincerely, <br />X Daniel I. Hernandez <br />Senior Environmental Protection Specialist <br />DIH/bjw <br />cc: Dave Berry <br />Dave Bucknam <br />Steve Renner <br />Shawn Smith <br />m:\oss\bjw\dih <br />