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meet the requirements outlined in drawing #1 of the Invitation and Bid Document in that the ditch is not V shaped and there is no rock lining the bottom of the ditch. The ditch has not been graded properly to prevent Chen s Hill runoff from entering the Energy Fuels, Southfield Mine Pond as required in Task 3, Scope of Work and Work Description. FINDING: The Contractor is not due any additional payment. The ditch is not built to specifications. #3. The lost growth medium cannot be substantiated BiU Colgate was there and can attest to this. Response: The Contractor was required to salvage B horizon to a depth of 1 1/2 feet and stockpile this material sepazately. During the initial reduction of the southeast corner of the East Pit highwall, on Mazch 1, 1994, one of the bulldozers was observed by Bill Colgate pushing "B" horizon (growth medium) into the pit. On March 2, 1994, the Project Manager and Dr. Corley were on site and witnessed horizon B topsoil being pushed in to the pit. The Project Manager immediately made the contractor awaze that this was in violation of the contract documents. An inspection of the stockpiled material was made and the Project Manager found that only A horizon topsoil had been salvaged during operation on Mazch 1, 1994. None of the B horizon material had been salvaged and stockpiled. The Project Manager, John Nelson, measured the site where the loss occurred and determined that 3226 cubic yazds of growth medium was lost during the initial grading efforts on the east side of the East Pit. The landowner, Dr. Corley references this loss in his letter of March 15, 1994, stating 'The contractor was working on part of the East Pit in the wrong sequence according to the Contract, and he was pushing topsoil into the Pit without saving it as required by the ContracK." Further Dr. Corley states, "Since my previous efforts to request the best saving of the topsoil have failed, I am making this a formal complaint that the Division's own regulations for the saving of topsoil aze not being met " Attached aze photos showing the topsoil being wasted over the side of the East Pit highwall and a copy of Dr. Corley's letter. The Owner has determined by requesting quotes by telephone from local sand and gravel producers that it will cost a minimum of $24,195.00 to have 3226 cubic yards of growth medium delivered to the project site. This cost does not include spreading the growth medium once delivered. FINDING: Mr. Mease acknowledged in our November 30, 1994 meeting that some topsoil material was lost, although he feels the IMP estimate is too high. He estimates that 100 cubic yards, at most, were lost. John Nelson said most of the A horizon had been salvaged. He based his estimate on an area 175 feet long x 2 dozer widths x 2 feet deep (B horizon). He walked the area on foot and measured it. Based on the State's quotes it will cost $24,195.00 to replace this material. 29