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5TAT,E OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources <br /> 1313 Sherman St,,Room 2 T S <br /> Denver,CO 80203 IF <br /> Phone:T3Q31866.35b7 <br /> FAX:(3031832-8T06 <br /> Roy Romer <br /> Covemor <br /> Michael 8 Gong <br /> Division Director <br /> TOO Pioneer Canon File, Dave Bucknann, Jim McArdle <br /> From: Bruce Stover, Project Manager <br /> Date: July 28 1993 dJ* <br /> Re: Dr. Corley "Situation" as of 7/26/93, Pioneer Canon Project <br /> As l described to you, Dr.Corley informed me on July 26 that he has decided to seize upon <br /> a minor issue which developed during the final stage of the Pioneer Canon project in order <br /> to have, in his own words, "something to use against the Division" in his forth coming court <br /> suit against the Division. You should be aware that Dr. Corley is extremely frustrated, <br /> angry, and furious over other issues he is embroiled in with the Division. our records <br /> indicate that his contention will be dif cult to support. I believe we are covered, and that <br /> nay decisions and actions were done with proper consent and notification. Any ambiguities <br /> are minor, and intentionally being made into a larger issue. Dr. Corley also stated to me <br /> that he felt my actions were logical for the prosecution of the work,that he wanted the work <br /> done, and had given permission for it to be done, but that he needs to use this perceived <br /> violation of procedure on my pa't as a bargaining chip in his battle with the Division in <br /> other matters <br /> Dr. Corley contends that he had no knowledge of our intent to use,nor gave his consent for <br /> us to use back materials from his property to backfdl and seal subsidence holes and <br /> venting cracks which are associated with the smoldering coal fire in the Pioneer Canon aka <br /> Double Dick Mine workings. I contend that he was aware of the work that we intended to <br /> perform, was notified in advance that we were in the process of identifying the location of <br /> a backfill materials borrow area,was invited to comment or query any and all facers of the <br /> project including the source of backfzll, and had, in fact, given written consent for the <br /> backfrlling work to be conducted on the property. The following list is a chronological <br /> account of the pertinent events. <br /> January, 1993- I began reviewing existing Pioneer Canon filc in <br /> preparation for writing Bid Document. I reviewed <br /> correspondence from The Corley Company dated <br /> 12/22/89 requesting that potential vent holes be <br /> sealed, and further, that 'Ile Corley Company <br /> considered a proposed oSM plan to haul in <br />