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. _ FROM:natural • TO:DMG ~ 16. 1994 5:14PM tS915 P,O~ <br />The Corley Company <br />vnon.eaz~wso ro.eo.+ezi <br />cOLOR~DO SPRING;COLORADO eoGOt <br />Mar, 15, 1994 <br />Nr. Stephen M. Brawn <br />Assistant Attorney General <br />15?S Sherman St. <br />Denver CO g0203 <br />Dear Mr, Rrown: <br />Your representatives are correct that 7 visited the GEC reclamation <br />site. The rest o£ your statements ronccrning that visit are incorrect, <br />The contractor was working on part of the Eaet Pit io the wrong sequence <br />according to the Contract, end he. was puehittg topsoil into the Yit <br />without saving 'it ae required by the Contxnct. When I told Hr, Nelson <br />of these concerns he was uncoucerned and did not have an appropriate <br />response. As a matter of fact, I have complained since to the Division <br />with no response. Topnoi7. is still being lost, particularly now being <br />mixed with boulders and top much rock substrata. <br />Ncxc, I informed Mr. Nelson Lhat the dozers did not have the required <br />safety equipment such as backup alarms. His reply was that "the <br />operators have ~uot gotten cited of liateninF to them and have turned <br />them off". At my urging, Mr. Nelson stopped one dozer on]y co learn <br />that the e].arm was not is operating conditi.nn, I stopped the second <br />dozer that di,d not have art olarm. At this point Hr. Nelson's only <br />comments were wlgariCies. l.stcr, I asked Mr. Nelson if he wished to <br />inspect the dozers. He said "you do i.t". That was the only time that I <br />climbed on a machine. Sl,oul.d I not do what Hc. Nelson said for me to <br />do? The dozer operator said that he vas not wearing hin seatbelt. <br />~ Interference, dangerous? Hsu cart insistence for safety he defined that <br />way? 7 am willing to assume liability for my safety. PJ.ease note that <br />I was the only individual on the site in compliance with OSHA <br />requirement for a hard hat. S+fien you take your legal steps, it will <br />make interesting testimony t1Lac your representatives are not interested <br />in safety roles and that "efficiency and timclyness" are more important <br />than safety. <br />Since my previous efforts Co request the best saving vi the topsoil. have <br />failed, I am making this a formal complaint that the Division's own <br />regulations for the saving of topsoil are not being met. 71tere is also <br />no compacriou in lifts of material being dozed into the Fast Pit. The <br />966 ]oader has many broken windows. <br />rS,i~ncerely, <br />W <br />W,D, Corley, J . <br />President <br />