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+~ ARNOLD 8r PORTER Mr. Michael Lonq December 9, 1992 Page 5 permit, and has reconstructed the berm and ditch. This work has added many thousands of dollars to Harrison Western's costs. Further, in September, Corley sued Harrison Western, alleging that the culvert trespasses on Corley's land, which encompasses the Bonded Area and much of the surrounding land. The Corley Company v. Harrison Western Corporation, Case No. 92CV209 (Fremont County Dist. Ct. filed Sept. 23, 1992) (complaint attached as Exhibit F). Although the Division recog- nizes that the culvert location "provides the best balance of both minimization of surface disturbance and conformance with sediment control regulations," it has not intervened in, or otherwise provided Harrison Western any relief from, the lawsuit. See Letter from Daniel I. Hernandez to Dr. W.D. Corley, Jr. 2 (July 22, 1992) (attached as Exhibit G).2 Thereafter, in an effort to resolve the litiga- tion, Harrison Western plugged the culvert, a result which has satisfied neither Corley nor the Division. See Letter from Catherine W. Begaj to Robert Williams (Nov. 13, 1992) (stating that the Division "recommends [Harrison Western] adhere to the terms of the Compliance Agreement and remove the blockage from the diversion ditch culvert inlet") (attached as Exhibit H). Harrison Western also sought to negotiate a settlement with Corley, only to have Corley insist that Harrison Western construct an elaborate new, S00-foot diversion to Corley's specifications, a project which would benefit the 300 Acres, but not the Bonded Area. After securing several extensions from the court, Harrison Western must now answer Corley's complaint by December 28. Finally, Harrison Western has learned that the Division is requiring Sheridan to reclaim a drill hole just west of the Bonded Area, and that, as part of this work, Sheridan will have to construct a: haul road 2 Surprisingly, after insisting that Harrison Western construct the diversion ditch, and determining that this is the only feasible location, the Division now takes the position that the "trespass dispute is a matter for [Corley] and Harrison-Western to resolve." Hernandez Letter at 3.