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Mr. Duane Woodward September 16, 1987 Page 2 County. Other State employees known to the Claimant at this time may include employees of the Mine Land Reclamation Division responsible for approval and issuance of the Deserado Mine permit presently on file with the State of Colorado, Department of Natural Resources, Mine Land Reclamation Division as well as the employees of that entity which were responsible for review and/or approval of the design of the overpass, inspection of the overpass at the time it was built, inspection of the overpass at the time it was completed, and continued monitoring of the mine under the terms of the permit. Additional State employees which may be involved in this matter would be employees of the Colorado Highway Department to the extent any such employees may have had responsibility for reviewing an/or approval of the design of the overpass over County Road 78, inspection of the overpass during construction and after completion, inspection of the overpass with regard to warning signs or warning devices to be installed on it, and continued monitoring of the area of the roadway. Finally, additional State employees who may be involved would include Patrolman Michael Wingert of the Colorado State Patrol to the extent that Mr. Wingert either had responsibility or assumed responsibility for the rescue operation involved in the removal of Dale Ackerman from the vehicle he was driving when the collision occurred. Factual Basis of the Claim: In regard to the Colorado Department of Highways: To the extent the Colorado Department of Highways may have had any obligation or duty to review and/or approve the design of the overpass to inspect the overpass during construction, to inspect the overpass upon completion, and to make recommendations or assure proper warning signs or warning devices were installed on the conveyor belt, to the extent they failed to fulfill their duties and obligations, the Highway Department may be liable. To the extent that the Mine Land Reclamation Division had the duty to review all aspects of the Deserado Mine permit which included the coal conveyor belt and overpass and to the extent which they reviewed and/or approved plans for such conveyor belts and overpass, the Mine Land Reclamation Division acted negligently in approving an overpass of insufficient height for the haulage truck to pass underneath it. Other negligent acts may be discovered at a later date. in regard to the Colorado State Patrol: To the extent that the Colorado State Patrol assumed any duties or had any obligations with regard to the rescue effort to free Mr. Ackerman from the vehicle in question, the patrol may have acted negligently causing Mr. Ackerman to lose his leg.