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IIF+f. ~.I _` !_~~_ J!L'-rF-L ~. Lt. I l'F Lnll _~__ ~____ .'1 • • Members of the Mined Land Reclamation Board Page 2 ~~ > _,. ~`~ ~ Cdir~ e the Division and the Attorney General's Office on how to proceed in the litigation and the reclamation of the site. One issue raise by Corley concerns the timing of reclamation of a portion of the GEC mine site known as Section 24. Corley is asking the Board to order the Division to begin reclamation of Section 24 immediately. The Division agrees with Corley that such reclamation should be performed this season. The Division is preparing a Request for Proposals and intends to perform reclamation of this area using the proceeds of GEC's performance bond. Accordingly, the Division does not believe tha* there is any dispute on this issue and recommends that the Boy 1 ap~-ove the Div' ' -p-~*-t^~p~ceed wilth reclamation in tLlls area. 2 `'Unresolved issues/~os3ey also raised several issues in his Ptit~o_n__r_e-~-~ e o the scope of HWC's obligations at the site. The Division agrees with Carley that HWC has same obli- gations. However, Corley, HWC and the Division are not in full agreement on some aspects of trie scope of that obligation. The following is a list of the issues, together with a summary of the status and the Division's recommendations: ,~ ~~~~ a. Corley contends that HWC must obtain a reclamation ` ~~ permit covering its obligation. The Division's position is ,'~ that 8WC's obligation at the site is limited to that of a ` ~ -~ guarantor performing reclamation in lieu of bond forfei- "~~ ture, and that no ~~ permit is necessary. SWC agrees with the ,;, ,y Division's position on this point. However, Corley .should '~ ,~>~~ have an opportunity to address the Boazd on this issue. ,.-, 11 p.5 tt ~."~ ,.' L. P'~ d,. V1 .. ~.~^c fit/ ,~ ,v .. b. There is a dispute as to the area Covered by HWC's ,s ~~ ° ; 't.7~ reclamation bond. The Division agrees that 8WC is respon- ~ ,,.~' :' Bible for the West Pit area. However, the Division does ,~=~ not believe that HWC is responsible for the area known as ~~,~~'~.' Stockpile No. 2. Dr. Corley should be permitted an oppor- tunity to address the Hoard on this issue. ~" c. Although there is no dispute that HWC's reclamation bond covers the West Pit, there is a dispute as to the act- ual size and boundaries of the West Pit. The Division is currently negotiating with AWC on the appropriate descrip- tion of the West Pit. Final resolution of this issue may require a survey and a site visit. Accordingly the Divi-