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• #3 CJ The State failed to stake the outer limits of grading areas. This has caused great expense to the CWL. Task #2 says that the State will stake the outer limits of grading where deemed necessary. A letter dated May 16, 1995, indicated that Bill Colgate had been asked numerous times during the first month to have the Chen's Hill area staked. This letter was written after an issue had come up over the disturbance of 2 (or 2.5) acres of adjacent land outside of the work area. Based on the information that I was able to obtain, I could neither substantiate the claim or deny the claim. Task #5 states that the owner will stake the outer edges for the convenience of all parties. It was my understanding that the ~ fence on the east side had been established as the outer edge. SLo ~E Task #11 states that approximately 100 feet back from the east edge of the East Pit, as staked by the State, to reduce the highwall. I am of the understanding that the area east and south of the East Pit was flagged. Overall there appears to have been some staking or indications of landmarks for the purpose of establishing boundaries and that the issue of staking became an issue after the fact. The one questionable area involves Task #2. Upon the completion of my review, I read a previous response from Sandra Brown, which indicates that staking at Chen's Hill may have been an issue. Since we both found this issue to be questionable, I believe her judgement was fair and sound. #4 The State was required to furnish seed within 5 working days notice.__CWL notified John Nelson on May 20th that they would need seed in 5 days. The claim contends that the seed should have been delivered within 5 days of notification or May 25, yet Task #14 calls for a two week notice. This would have placed the due date at June 3, 1994. Mr. Meese contends that Mr. Nelson delivered that seed on June 12th.