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• III IIIIIIIIIIIII III ~'~ eG~'' ~'""~ <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 B66-3567 <br />FA%: (3031 832-8106 <br />June 24, 1994 <br />Mr. Preston Mease <br />Colorado West Leasing <br />241 31 3/10 Road <br />Grand Junction, Colorado 81503 <br />~I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Eaecmive Director <br />Michael B Lonh <br />Division Director <br />RE: GEC Project-Your letter of June 16, 1994 to John Nelson. <br />Dear Mr. Mease: <br />Thank you for your letter of June 16, 1994 addressed to John <br />Nelson. I have decided to respond to your comments and concerns in <br />order to clarify the OWNERS position . <br />Regarding the south end of the East Pit, the CONTRACTOR is <br />concerned about the deletion of 5 days from the completion date due <br />to the deletion of erosion mat and riprap on the channel. The <br />OWNER will look into this and if it is found that an adjustment is <br />warranted, it will be made. In regards to riprap and channel <br />shaping at the south end, no riprap was stockpiled and the channel <br />shaping was part of the job that was not completed in accordance <br />with the Project Work Description. No additional payment will be <br />made for either item. <br />As you have been informed, the completion date will be adjusted for <br />weather delay and additions or deletions to the scope of the <br />project on an hour for hour basis. A construction schedule was <br />required by the OWNER so that the OWNER would have some idea as to <br />how the CONTRACTOR intended to proceed with the project. <br />Obviously, the CONTRACTOR never adjusted his schedule as changing <br />conditions occurred nor has the OWNER required that the CONTRACTOR <br />follow his own schedule. The OWNER allowed the CONTRACTOR maximum <br />flexibility to complete the job with minimum interference. <br />Seed was provided to the CONTRACTOR in a timely fashion and at a <br />time when the CONTRACTOR was ready to commence seeding. Mulch is <br />the last item to be completed when seeding an disturbance. Mulch <br />was never delivered to the site, thus no double movement and in <br />fact the remaining 10 acres has been deleted from the scope of <br />work. The issue of mulch never could impact the seeding as the <br />CONTRACTOR asserts. <br />The OWNER did not interfere with the CONTRACTORS decision to <br />replace topsoil on the level areas closest to the topsoil piles <br />