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<br />stoma fast covered the riprap, then started eroding dirt and rock away at the lower end of the <br />ditch. Prompt inspection would have revealed that CR'L properly perfom:ed before these <br />natwal occurrertces. <br />Line Item #3A, for $1000.00 appears to be pan of CWL's unpaid invoices for a total claim of <br />$1800.00. <br />Response: The ditch was not completed to a quality superior to that required by the <br />contract. Al Weaver of Energy Fuels, (the adjacent mine operator), Dr. Corley, (the <br />landowner), Bill Colgate, John Nelson, (both of IMP), Dave Berry, Shawn Smith, Christine <br />Johnstone and Harry Ranney (all of the Coal Program), all inspected this ditch and <br />concluded that it was not built to specifications. <br />The "additional riprap" was not requested, has not been documented and really does not <br />make a difference since the ditch was paid for by the linear foot. <br />Final inspection of the GEC Project took place on July 20, 1994, 7 days after notification <br />by the Contractor that work was complete. The Contractor contends that three heavy <br />rainstorms occurring between July 13 and July 20, 1994 either washed away or covered up <br />riprap that had been placed in the Chen's Hill ditch. A review of climatological <br />observations provided by radio station ICRI.N in Canon City, logs only minor precipitation <br />of .07 inch on July 13. From July 14 to the 20th, only trace amounts or no precipitation was <br />reported. This is further supported by rainfall measured at Energy Fuels Southfield Mine <br />located immediately adjacent to the project. Some siltation did occur in the ditch, however, <br />digging below the level of the silt did not expose rock. <br />DMG has paid $600.00 for Chen's Hill Drainage with Riprap for the production of riprap <br />and shaping of the ditch. Final ditch construction is not to specifications: <br />The OWNER does not believe that the CONTRACTOR is entitled to additional money for <br />this item. In fact, as explained to CWL within the October 7, 1994, "....This ditch does not <br />meet the requirements 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 the ditch. The ditch has <br />not been graded properly to prevent Chen's Hill runoff from entering the Energy Fuels, <br />Southfield Mine Pond as required in Task 3, Scope of Work and Work Description. <br />FINDING: Mr. Mease stated in our meeting that the design is not an issue with respect to <br />the Chen's Hill Ditch. He contends the issue is how much riprap was placed in the channel. <br />In contrast, the IMP stated they are concerned with the design. The ditch has not been <br />constructed as required by Task 3a., shown in Drawing #1 and modified in Change Order <br />#4 (delete screened gravel filter). <br />Based on pictures and field observations presented by the IMP, the ditch is not V-shaped <br />as required and the slope is incorrectly graded. It flattens out at the bottom and does not <br />18 <br />