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~' FR01']:natural ~• 70;Dl4i ~ 16. 1994 5~14Pti <br />tl915 p. ~ . <br />;. <br /> <br />Mar. 15, 1994 <br />The Corley Company <br />vno~.saxsosa raeo.~ezi <br />CALOfuDO SPRINGS COLOP/~DO e0Y0~ <br />Hr. Stephen M. Braun <br />Asaistaat Attorney General <br />15?5 Sherman St. <br />Denver CO 80203 <br />Dear Hr, Arown: <br />Your repreaentativee are correct that 7 visited the GEC reclamation <br />site. The rest of your statements concerning that visit are incorrect. <br />The contractor vas working on part of the Eaet Pit in the wrong sequence <br />according to the Contract, .and he vas puehiug topsoil into the Yit <br />without saving 'it sa required by the Contract. When 1 told Hr. Nelson <br />of these concerns he was unconcerned and did not have an appropriate <br />response. As a matter of fact. I have complained since to the Division <br />with no response. Topsoil. is still being lost, particularly now being <br />mixed with boulders and too much rock substrata. <br />Ncxc, I informed Mr, Nelson that the dozers did not have the required <br />safety equipment such as backup alazms. His reply vas that "the <br />operators have ~uot gotten tired of iisteniag to them and have. turned <br />them off". At my urging, Mr. Nelson stopped one dozer on]y to learn <br />that the alarm vas not is operating conditi.an. 1 stopped tha second <br />dozer that did not have an alarm. At this point Hr. Nelson's only <br />comments were wlgariries. Lstcr, I asked Hr, Nelson if he wished to <br />inspect the dozers. He said "you do i.t". That vas the only time that I <br />climbed on a mochinc. :SF~ould I not do what rir. Nelson said for me to <br />do? The doer operator acid that he was not wearing his aeatbelt. <br />Interference, dangerous? How can insistence for safety he defined that <br />way? 7 am willing to assume liability for my safety. Pleaec note that <br />I was the only individual oa the site in compliance with OSHA <br />requirement fox a hard hat. i~hen you take your legal steps, it will <br />make interesting teatimoay that your represeatativea are not interested <br />to safety rules and that "efficiency and timclyness" ate more important <br />than safety. <br />Since my previous efforts to request the best saving of the topsoil. have <br />failed, I am making this a formal complaint that the Division`s own <br />regu]ations for the saving of topsoil are not being met. 771ere iF also <br />no compactiou in lifts of material being dozed into the East Pi [. The <br />966 ]reader has many broken windows. <br />~S~i/ncerely, <br />W <br />W.D. Corley, J . <br />President <br />