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<br />NOTICE <br />Hawk's Nest Backfilling & Drainage Control Project <br />Contractor's Settlement <br />Notice is hereby given that on January 14, 1995 at Denver, <br />Colorado, final settlement will be made by the STATE OF COLORADO <br />with Wagner Construction, hereinafter called the "Contractor", for <br />and on account of the contract for the construction of the Hawks <br />Nest Backfilling & Drainage Control Project which included <br />regrading the remaining coal material, topsoil replacement, seeding <br />approximately 5.5 acres, drainage re-establishment and sealing and <br />plugging four (4) methane degasification wells located in Gunnison <br />County. <br />Any person, copartnership, association or corporation who has an <br />unpaid claim against the said project, for or on account of the <br />furnishing of labor, materials, team hire, sustenance, provisions, <br />provender or other supplies used or consumed by such Contractor or <br />any of his subcontractors in or about the performance of said work, <br />may at any time up to and including said time of such final <br />settlement, file a verified statement of the amount due and unpaid <br />on account of such claim. All such claims shall be filed with the <br />Inactive Mine Reclamation Program, Division of Minerals and <br />Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203. <br />Failure on the part of a creditor to file such statement prior to <br />such final settlement will relieve the State of Colorado from any <br />and all liability for such claim. <br />Dated at Denver, Colorado, December 6, 1994. <br />STATE OF COLORADO, acting by and through: <br />By: <br />