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The Corley Company <br />Phone 719-475-0300 2605 Constellation <br />Colorado Springs, Colorado 80906 <br />Dec. 13, 2005 <br />RE~~IVED <br />Mr. Kent Gorham D'"cC 14 2005 <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 ~yp~,a5epmerz3sN,ac`oropy <br />Denver CO 80203 <br />Deaz Mr. Gorham: <br />Thank you for sending us a copy of the GEC inspection report. <br />As I told you when we were at the site about two months ago, we have several concerns, <br />and most of these concerns were not addressed in the report. We believe that there are <br />five major problems with the GEC reclamation or the results of the GEC work. <br />The underground fire in Section 24 was started in about 1980 as a result of your,.Division <br />forcing Hamson Western to move their burning waste from their property onto our. <br />property to be disposed in a GEC strip pit without covering the, exposed coal at the toe of <br />the highwall. This is the judgment of the District Court in GEC vs. Harrison Western <br />The County road ditch is continuing to downcut as you mention, but it also is widening <br />which is going to threaten the road itself soon. What will be the eventual fate of the <br />road? Who will be forced to assume the liability for its repair or the liability for public <br />safety? <br />The road from the gate entrance off of the County road, along the toe of Chen's hill, and <br />across the East pit was almost impassible this last summer. It will not survive many more <br />rains. We asked about this road at our chance meeting two months ago, but there is no <br />mention of its problems. We believe that there should be some resolution and we are <br />hereby making a formal request for a decision about who has the responsibility for this <br />road. <br />The report does say that there are numerous rills and gullies and continue to downcut as <br />we agree. <br />The concrete walls in the drainage outlet of the East pit have been blown out and <br />destroyed. This drainage also continues to downcut. <br />The areas of ditch, gully, and drainage downcutting aze adding thousands of tons a yeaz <br />to the down stream sediment load; The County road ditch alone is a major source of <br />sediment since the sediment pond that should contain the sediment has not functioned for <br />