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r <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St„ Room 215 <br />Denver, Colorado 80203 <br />Phone:(3071866-7567 <br />FAX: 1303) 832-8106 <br />October 23, 1994 <br />Mr. Preston Meese <br />Colorado West Leasinq <br />241 31 3/10 Road <br />Grand Junction, Colorado 81503 <br />RE: GEC Project\RN-MINES-322. <br />Dear Mr. Meese: <br />1~~ II~'I~I~~~~~~ ~I~ <br />999 <br />STATE OF COLORADO <br />~~ <br />~~~~~~~ <br />DEPARTMENT OI <br />NATURAL <br />RESOURCE: <br />Roy Romer <br />Governor <br />lames 5. Lxhhead <br />Ezecutive Direnor <br />Michael B, Long <br />Division Direcmr <br />The Division has not received a response to the October 7, <br />1994 letter, however, in the interest of resolving our dispute, the <br />Division would like to propose the following settlement. <br />In return for Colorado West Leasing dropping all claims fo>< <br />additional payment on all disputed items, both known and unknown, <br />the Division offers the following: <br />1. The Division will pay $90.00 for 1 additional hour of dozer <br />time as outlined in the October 7, 1994 letter, item 3-aa-Dozer <br />Rental. <br />2. In reference to the October 7, 1994 letter, item 3-cc- <br />Stockpiled Riprap, the Division will pay the remaining $400.00 <br />which was to be utilized to finish the Chen's Hill drainage ditch <br />and riprap procurement and installatidn. <br />3. The Division will pay $400.00 as outlined in the October 7, <br />1994 letter, item 3-dd-Concrete Drop Structures. <br />4. The Division will drop its claim for replacement of the <br />Ponderosa pine valued at $200.00 as outlined in the October 7, 1994 <br />letter, item 3-hh(H-1)-destroyed tree. <br />5. The Division will drop its claim for replacement of 3226 cubic <br />yards of growth medium valued at $24,195.00 as outlined in the <br />October 7, 1994 letter, item 3-hh (H-3)-loss of growth medium for <br />the Southeast corner of the East Pit. The value does not include <br />the cost to spread the material on areas to be covered and is based <br />upon bids from local suppliers. <br />6. The Division will drop its claim for $2100.00 in liquidated <br />damages as outlined in the October 7, 1994 letter, item I- <br />liquidated damages. <br />7. The Division will drop any requirement for further work on the <br />Chen's Hill drainage ditch ,~1 as outlined in the October 7, 1994 <br />letter and will consider the contractor finished with this item. <br />