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T <br />i •~• <br />GALE ?.. NORTON <br />A uornzy General <br />STEPHEN K. ERRENBRACR <br />Chia( Depury Attorney General <br />TIh10THY M. TYh1ROVICH <br />Soliumr General <br />III III IIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFf7CE OF THE ATTORNEY GENERAL <br />August 5, )994 <br />Dr, W.U. Curley <br />The Corley Company <br />P.O. Box 1821 <br />Colorado Springs, CO 80901 <br />RE: GEC West PiL Reclamatioli Work <br />Dear Dr. Corley: <br />Because of the unsuccessful attempts by the <br />and Geology (DMG) to reach an agreement with <br />wised plans for drainage construction in the <br />matter has been referred to this office for <br />STATE SERVICES BUILDING <br />1525 Sherman Slrezt - Srh Floor <br />Denver, Colorado 60203 <br />Phone (303) 6664500 <br />FAX (303) 866-5691 <br />Division of Minerals <br />you regarding re- <br />alest Pit area, this <br />further ac[ion. <br />DMG entered into agreements with Harrison Western Corporation and <br />The Corley Company in April, 1993 with the intention of improving <br />the drainage system in the reclaimed West Pit. My understanding <br />from discussions with DMG-representatives is that Paragraph 7 of <br />the April 19, 1993, "Agreement concerning Diversion of Water into <br />Magpie Creek between the Corley Company and DMG" (Agreement) in- <br />cluded a diversion concept initially suggested by you and later <br />redesigned by DMG representatives. This diversion and design has <br />been determined both by you and DMG representatives to be possi- <br />bly inadequate Eor long-term stability. <br />Subsequently, DMG revised the proposed drainage plans in an at- <br />tempt to ensure a Il~ore stable drainage configuration and in cun- <br />sideration of the construction bid which was accepted Eor the <br />West pit reclamation project. This course of action was pursued <br />partially on the understanding that The Corley Company agreed the <br />revised drainage plans were preferable to those in the original <br />agreement. <br />In fact, 1 understand that you vcrLlally ayrcdd "iUl the <br />redesigned drainage plans in a Decewber 21, 193 uicct.lny wltli DMG <br />representatives. However, you have continued to declilr co cuter <br />an "Addendum to Lhe Agreement" Eor reasons other than any disa- <br />greement over the redesigned drainage plans. <br />