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ro ~ 07!20!1990 10:34 FROM - • • MEMO; HR-6 Culvert " July 18, 1990 Protect No. 89002.001 Arive has a big problem Which no one !s Wlllin$ to fix. It is still my aldvice Castle to do nothing at HR-B unless and until (A) a commitment is made by Cedar Helghts to install a culvert large enough to pass the 25 year storm flow from the culvert the Board ordered Castle to lnstali, (B) a suitable option can be reached, or (C) Cedar Heights releases Castle of anY liability to~^ any damage that may occur as the result of Castle complying With the ,9oard order by installing the 36" culvert. P. 09 As a summary comment, ltema B and C above are probably very unlikely_ _ given this 18tes~-snFitifttsil.By: iTedae Heights Tenders. It -seems io us etieiyone should concentrate on the first item. If the Senders commit to and install the culvert under Cedar Heights road there is no need to bother the Board With this anymore. I do think We need to notify the MLRA staff ethers wcl are With this item because We are Way beyond our dead3lne and don`t seem to be • any closer to resolution than we were 6 months ago. 4n~~ •Ither Item that needs to be mentioned regarding the Kiowa letter. There are numerous references to Castle's responsibility and even liability regarding the b4"/30' culvert system at the guard house. The Lenders riee~d to be made aware that this system was conceived by Cedar Helghts, designed by Cedar Heights, and installed by Cedar Heights solely for the benerit of Gadar Heights. Before Cedar Heights access Was constructed there were no culverts at that location and no need for culverts. Although Castle has been a flood ne;,. n occasion and helped With some of the cleanup when this syectem •~ •is ~, ertopped, there has never been any recognition of maintenflnce responsibility for that system by Castle. Questions or comments, please call. RGD/p cc: G. Scott Briggs, Esq. Mark Heffner 90MEM0$\VYDUY-L~R{