GENERAL35147

• Permit No: C1981037
• IBM Index Class Name: General Documents
• Doc Date: 10/15/1993
• Doc Name: MEMO
• From: DMG
• To: GEC FILE
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

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STATE OF COLORADO

DIVISION OF MINERALS AND GEOLOGY
Department o(Natural Resources
1317 Sherman 51., Room ? I S
Denver, CO 80203
Phone: [phone]
FAX: 13031 BJ2-8106
DATE: October 15, 1993
TO: G.E.C. File
FROM: Erica S. Crosby- Project Manager
need to speak with David Berry.
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Roy Romer
Governor
Michael B. Long
Diviyon Director
On October 14, 1993 the Division met with Dr. Corley at 11:30 a.m.
Dr. Corley stated that he received my letter dated October 12, 1993
regarding questions he had regarding the West Pit Diversion Ditch.
Dr. Corley remains concerned about the design of the ditch, and
comments made by David Berry regarding the "rushed job" and the
"paucity of information". I stated to Dr. Corley that the Divsion
was under time constraints to engineer a new design per his
suggestion that the previous design be eliminated. I stated that
the Division took the conservative end while designing the ditch.
This was re-stated by David Berry. Dr. Corley stated that 3.8
inches for a 100 year event was not a conservative estimate from
the NOAA Atlas. I told Dr. Corley that I answered all of his
concerns in my memo and to get more specific on the design he would
were no other funds. He stated that the State "could come up with
the money if it had to." I re-stated the amount of money to do the
job, and that the Division had no other fund sources.
Dr. Corley was concerned about the cost of the West Pit design and
who would pick up the cost if the ditch blew out. I stated that
Kessler estimates $17,000 to construct the ditch which leaves
$1,500 for maintenance items. Dr. Corley did not feel that this
was enough money to cover the cost of the repairs, and that the
State should pick up the remainder of the cost. I told Dr. Corley
that we only had $18,500 to spend on this project, and that there
Dr. Corley stated that he would not let the Division do the job
until the State commits to maintaining the ditch with State money
and the liability of the ditch. I told Dr. Corley that the State
would not be held liable nor provide any other funding for the
project. Dr. Corley stated in the past that DMG told him that they
could do whatever they want and that he does not have any rights.
He stated that he would keep the Division and the Contractor off of
the property to prevent the construction of the West Pit Ditch. I
informed Dr. Corley that the State was obligated to do this
contract and that it will be completed. DMG feels comfortable with
the design and wants to go ahead with the project. I stated that
this would delay the project, possible not allowing the work to be
completed. Dr. Corley stated that he would not allow the work to
begin until the State agrees to the liability of the maintenance of
the ditch.