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The Division reviewed the extent of Kessler's erosion repair work <br />in the West Pit, in consideration of your opinion that some of the <br />Harrison-Western money should be allocated to this work. The <br />erosion repair work and the proposed drainage repairs anticipated <br />by the DMG/COrley Company agreement of April 19, 1993 occur on both <br />sides of the lines marking the area of Harrison-Western's <br />liability. Designating Harrison-Western funds for erosion repair <br />work inside or outside of their liability area would require a <br />decision as arbitrary as trying to reconstruct a drainage channel <br />within the limits of their liability area. Consequently, we will <br />not attempt to apportion the funds for work on the two areas. <br />Erosion repair work previously completed by Kessler was paid for <br />with forfeited GEC bond money. Drainage improvement work in the <br />West Pit will be paid for with Harrison-Western funds. <br />I believe that the items discussed above cover the concerns you <br />expressed in your previous letters. If we are in agreement, the <br />Division can instruct Mr. Kessler to proceed with the work soon. <br />We anticipate that Mr. Kessler will be able to complete the West <br />Pit work in late July or early August after completion of a current <br />project. Please review the enclosed "Addendum to Agreement <br />Concerning Diversion of Water into Magpie Creek". If you sign and <br />return it, the Division will insttuct Kessler to proceed with the <br />work. If you wish to make any changes, please let me know as soon <br />as possible. <br />Sincerely, <br /> <br />Larry P. Routten <br />Environmental Protection Specialist <br />enclosures <br />c: Erica Crosby <br />Steve Brown <br />c:\wp51\61494 <br />