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Mr. Michael Long <br />June 14, 1995 <br />Page 4 <br />Third, no assessment should be made for fault because the slide was unavoidable <br />despite Trapper's exercise of reasonable care in backfilling and grading the area in <br />accordance with the approved permit. Certainly, there is no evidence that Trapper was <br />indifferent or displayed a lack of diligence or reasonable care in backfilling and grading <br />the area where the slide occurred. <br />Finally, the full $1,250 credit for good faith should be given. Trapper reported the <br />slide to the Division promptly after discovering it. Trapper also began its own <br />investigation to the extent ground conditions permitted. Trapper has hired a geotechnical <br />firm to create a work plan for investigation of the cause of the slide and to recommend an <br />appropriate remediation plan. Trapper also has scheduled a meeting with the Division on <br />June 19 to attempt to reach consensus on a work plan and a schedule for remediation. <br />We appreciate your consideration of these comments and look forward to <br />discussing the situation more fully with you. <br />Sincerely yours, <br />DUF~FO/RD & BROWN, P.C. <br />-~U`~~~ <br />Richard L. Fanyo <br />Attorneys for Trapper Mining, Inc. <br />RLF/kw <br />cc: Ms. Susan McCannon <br />Mr. Dan Hernandez <br />Mr. Jim Pendleton <br />Mr. Joseph Dudash <br />Mr. Forrest Luke <br />I104J-I, dIINJ <br />