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r ~. <br />Dr. W.D. Corley <br />Page 2 <br />During the past several months, the Division has attempted to an- <br />swer and/or resolve a number of questions and concerns raised by <br />The Corley Company in regard to reclamation of both the East and <br />West Pits. While a number of these concerns may not have been <br />resolved to the complete satisfaction of The Corley Company, DMG <br />sees no reason for the West Pit work to be further postponed <br />pending your remaining concerns which are in regard to the re- <br />cently completed East Pit reclamation project. The West Pit work <br />has already been delayed over a year since the contract for the <br />work was awarded. <br />Paragraph 11 of the Agreement states the following: "This <br />agreement shall not be construed to impose any additional duties <br />or liabilities on the Division, or to be a waiver of sovereign or <br />governmental immunity. The Division's duties and obligations are <br />as defined by the Colorado Surface Coal Mining Reclamation Act, <br />Sections 39-33-101 through 137, C.R.S. (1984 & 1992 Supp.) and <br />other applicable law." <br />Pursuant to this reservation of authority and the authority <br />granted the Division under 39-33-105, C.R.S. (1984 b 1993 Supp.) <br />"over all persons and property, public and private, necessary to <br />enforce the provisions of this article," in order to fulfill its <br />statutory obligations under the Colorado Surface Coal Mining Rec- <br />lamation Act, to honor the intent of both parties by reforming <br />the design descriptions in Paragraph 7 of t,he~Agreement; and to~ <br />complete its contractual obligations to Kessler Reclamation;. the <br />Division is instructing Kessler Reclamation to proceed with the <br />West Pit project, as outlined in the field directive amending the <br />original bid specifications. A DMG representative will contact <br />you prior to the commencement of Kessler Reclamation's work on <br />the West Pit. <br />If you have any questions about DMG's final plans for reclamation <br />of the West Pit, please contact Larry Routten at (303) 866-3567. <br />Sincerel , <br />~~~,\ <br />Stephen M. Brown <br />Assistant Attorney General <br />Natural Resources Section <br />