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<br />OWNER'S CLAIMS AGAINST THE CONTRACTOR <br />#I. The 6 foot Ponderosa Pine tree was within the 75 acros scheduled to be reclaimed We <br />saved all the trees on this project that we could and achieve the required grading. We were not <br />required by the contract to save arty trees. <br />Response: The Ponderosa Pine was located in a reclaimed azea north of Chen's Hill. This <br />revegetation was done by the previous operator, G.E.C., Inc. approximately seven years ago. <br />The CONTRACTOR was told to avoid damaging any obviously reclaimed areas such as this. <br />This tree was actually beyond the self imposed limits of Chen's Hill spoil placement where <br />the CONTRACTORS scraper operator traveled beyond the footprint of the spoil disposal <br />area north of Chen's Hill. The CONTRACTOR is responsible under Task 1, Pazagraph 2 <br />of the Bid Invitation in that 'The CONTRACTOR shall be fully responsible for any and all <br />damage to property caused by his equipment or personnel. The CONTRACTOR shall <br />easure that the job site is restored to original or better condition and that the PROJECT <br />MANAGER accept that the work is complete." Estimated replacement value of this 6 foot <br />tree is $200.00. <br />FINDING: The State failed to mazk the boundaries as requested. Had the boundaries <br />been marked the Ponderosa Pine may not have been damaged. The State will release <br />$200.00. <br />#2. Chens Hill Ditch with riprap as addressed earlier in the letter. <br />Response: The ditch was not completed to specifications. Al Weaver of Energy Fuels (the <br />adjacent mine operator), Dr. Corley (the landowner), Bill Colgate, John Nelson (both of <br />IIvIP), Dave Berry, Shawn Smith, Christine Johnson and Harry Ranney (all of the Coal <br />Program}, all inspected this ditch and concluded that it was not built to specifications. <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 KRLN 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 Hil] 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 />28 <br />