ENFORCE23037

• Permit No: C1981037
• IBM Index Class Name: Enforcement
• Doc Date: 1/8/1993
• Doc Name: CESSATIONORDER C-92-040 FN C-81-037
• From: DMG
• To: HARRISON WESTERN CORP
• Violation No.: CV1992040
• Media Type: D
• Archive: No

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STATE O~ COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
Phone: [phone]fi-3567
FAX:[phone]
January 8, 1993
Mr. Robert I. Williams
Chief Operating Officer
Harrison Western Corporation
4860 Robb Street, Suite 101
Wheat Ridge, Colorado 80033
Re: Cessation Order C-92-040, File C-81-037
Dear Mr. Williams:
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Roy Romer
Gooernor
Michael B. Long
Division Direciur
I have reviewed the Harrison Western request for vacation of
Cessation Order C-92-040. This Cessation Order was issued for
failure to comply with the abatement steps outlined in Notice of
Violation C-92-031.
In the Harrison request for vacation three relevant points were
raised. First, it was noted that Harrison and the landowner
were involved in a law suit brought against Harrison.
Settlement negotiations were apparently underway which, if
successful, may have resolved the Notice of Violation and other
issues at the site. Secondly, Harrison requested an extension
of the abatement steps outlined in the Notice of Violation.
This request would not have delayed abatement beyond 90 days.
Finally, it is apparently difficult to accurately locate a
reliable point of reference from which to initiate a surrey.
Complex legal and compliance issues exist at this site due to
the fact that Harrison is performing reclamation as a surety in
lieu of forfeiture. The reclamation work is being performed in
accordance with a Compliance Agreement. The Agreement. does not
specifically require the marking of the boundaries. This is,
however, a requirement of the Coal Regulations. Therefore, a .
violation of the Regulations has occurred. However, Harrison
points out that survey reference points are almost non-existent
making an accurate survey difficult to obtain. Further,
settlement negotiations were underway with the landowner which
may have impacted the abatement of the violation. For these
reasons Harrison requested the extension of the abatement of the
Notice of Violation. Due to the circumstances at this site, it
is reasonable to conclude that the abatement of this
non-environmentally critical violation could have been extended
up to the full ninety days allowed by the regulations, thus
making the issuance of the Cessation Order unnecessary.