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T- <br />~N <br />leave a message at the office indicating he had any concern or problem with the plans. Dr. <br />Corley later told me in a phone conversation we had on July 26, that he had in fact received <br />this message. While it may be the case that prior written consent was not adequately <br />addressed, It is unclear to me how Dr. Corley can contend he had no prior knowledge of <br />our plans when I personally informed him verbally of the plans prior to commencing with <br />them. <br />Dr. Corley did intercept the single truck which was being used to transport fill materials to <br />the subsidence holes on the afternoon of Friday, July 23. He stated to the Contractor that <br />he did not recall consenting to the backfilling of the subsidence holes, but since Dr. Corley <br />wanted the holes filled and sealed (we have letters from him in our files requesting and <br />indicating that it was important to him that they be filled and sealed), he consented to <br />continuing the work, but requested payment of $25/ per load. The Contractor said that if <br />that was what it would take to make him happy, so be it. The Contractor agreed to keep <br />a load count and pay Dr. Corley for use of the fill. The Contractor indicated to me that <br />when Dr. Corley left the site that evening, "he had a smile on his face", and that there was <br />no further problem. Based on this agreement, the Contractor showed up the following <br />Monday to continue the work. If, as Dr. Corley suggested to you, he never gave consent <br />for the bacld"illing work, why was the Contractor back on the job Monday continuing the <br />work? <br />Between Friday, July 23, and Monday, July 26, Dr. Corley must have reviewed the consent <br />form for the project. Due to either a mix up in the IMR files, or because Dr. Corley re- <br />typed the consent and left the backfilling part out, the backfilling work was not specifically <br />mentioned in the Consent Narrative he has in his possession (it is interesting to note that <br />the consent dated March 18, 1993 from Energy Fuels, the lessee, does contain the backfilling <br />clause). As Dr. Corley continues to be embroiled in disagreement with the Division on <br />other matters, he seized upon this discrepancy in order to have something "to use against <br />the Division", as he stated to me in our phone conversation of July 26. <br />I called Dr. Corley on Monday, July 26. At that time he .had changed his mind regarding <br />the consent he had given on Friday to continue the backfilling work. He requested that <br />work on the project be stopped immediately until the issue was sorted out. The Contractor <br />was working under the agreement he had made with Dr. Corley the previous week. I called <br />the mine and had them give a message to the Contractor to call me, and shortly thereafter <br />spoke with him. I informed him of the situation, and asked him to stop the work. I <br />instructed him to consider the job finished as far as he was concerned, because I knew it <br />would take weeks or months for the issue to be cleared up, and he had another job to go <br />to. I also told him to go ahead and honor the agreement he entered into with Dr. Corley <br />regarding performing the backfilling work. He sent Dr. Corley a check in payment for the <br />23.5 loads of fill he had hauled to that point. Dr. Corley did not "estimate" 23.5 loads-this <br />was the load count presented to him with the payment check, which he subsequently cashed, <br />thereby acknowledging in writing consent to perform the bacldjlling work as of July 23. <br />The final reclamation of roads and areas disturbed during the work was not completed <br />because Dr. Corley requested that work on the project be stopped until the issue was <br />