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GENERAL30888
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Last modified
8/24/2016 7:48:19 PM
Creation date
11/23/2007 6:49:37 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981037
IBM Index Class Name
General Documents
Doc Name
AGREEMENT CONCERNING DIVERSION OF WATER INTO MAGPIE CREEK
Permit Index Doc Type
GENERAL CORRESPONDENCE
Media Type
D
Archive
No
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<br />5. The Division has further determined that this approach <br />to reclamation, under which Harrison and various other parties <br />each perform reclamation at different portions of the GEC <br />Minerals Site, is awkward, inefficient, difficult to administer, <br />and does not comprehensively resolve the site reclamation issues. <br />6. In order to amicably resolve the various disputes the <br />parties have agreed to enter into this Agreement, the Termination <br />Agreement and the. Settlement Agreement. <br />The Division and Corley hereby agree as follows: <br />7. Pursuant to the terms of the Termination Agreement, <br />Harrison will pay the Division eighteen thousand five hundred <br />dollars ($18,500.00). The Division will use these funds to: <br />a. remove the culvert that directs water from the "Unnamed <br />Creek" into the Magpie Diversion, the West Pit sediment pond, and <br />embankment which functions as the pond embankment, <br />b. construct two drainage channels in the lower end of the <br />West Pit to carry runoff from the "Unnamed Creek" and the West <br />Pit diversion, joining these two channels together into one <br />channel which empties into the Magpie Creek Diversion near the <br />present location of the sediment pond discharge structures. These <br />channels will be constructed in accordance with the design <br />specifications contained in the Field Directive of Bid Document <br />RN-GOAL-MINES-8 and attached map; and <br />c. reclaim any areas disturbed in conjunction with removal <br />of the culvert and sediment pond or construction of the drainage <br />channels. <br />8. The parties recognized that the map described in <br />section (b) of the preceding paragraph does not represent an <br />engineered design. The Division agrees to implement the drainage <br />pattern contained in the map using the engineered design <br />specifications contained in the field directive of Bid Document <br />RN-COAL-MINES-8 concerning the West Pit diversion. The Division <br />has provided Corley a copy of the specifications for the work and <br />allowed Corley an opportunity to comment on the design before <br />instructing the contractor to perform the work. <br />9. The Division shall use the balance of the $18,500.00, <br />if any, following the completion of the tasks described in the <br />preceding paragraph to reclaim other areas within the GEC <br />Minerals, Inc. permit boundary. <br />10. This Agreement shall not be construed to require the <br />Division to expend funds other than the $18,500.00 received from <br />Harrison to perform the tasks described in paragraph 7, or to <br />perform such tasks once such funds are exhausted. <br />
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