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<br />28, 1994 and found that additional rock has been placed along the <br />sides of the Chen's Hill drainage ditch #1, however, no rock was <br />placed on the bottom. This ditch does not meet the requirements <br />outlined in drawing ~1 of the Invitation and Bid Document in that <br />the ditch is not V shaped and there is no rock lining the bottom of <br />the ditch. The Contractor has already been paid $1125.00 for <br />initial construction effort on this ditch. The ditch has not been <br />graded properly to prevent Chen's Hill runoff from entering the <br />Energy Fuels, Southfield Mine Pond as required in Task 3, Scope of <br />Work and Work Description. The Division has been left with two <br />alternatives; Deduct this work item and the amount already paid <br />from your final payment and have another Contractor complete the <br />job or contact your bonding company to have that company arrange to <br />complete the ditch as bid. <br />A review of the attached invoices indicates that the Division <br />has overpaid the East Pit Backfill E-W by $10,000. An adjustment <br />will be made during final payment to reflect what has already been <br />paid. For your convenience, the Division has enclosed a <br />spreadsheet showing Change orders and invoices for the GEC Project. <br />Please do not hesitate to contact me regarding any questions. <br />Upon acceptance of the Divisions determination outlined in this <br />letter, the Division will complete processing the final payment <br />upon receipt of an itemized invoice. I have authorized <br />commencement of the final publication to facilitate the final <br />payment. I look forward to hearing from you shortly. <br />Sincerely, <br />John Nelson <br />Project Manager <br />Encl. <br />cc: Steve Brown <br />Assistant Attorney General <br />Certified Mail No. <br />