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<br /> <br />~~,kl" OWNER'S CLAIMS AGAINST THE CONTRACTOR <br />#I. Y7~e 6 foot Ponderosa Pine tree was within the 75 acres scheduled to be reclaimed. We <br />saved aU the tees on this project that w+e 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 area 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 nay obviously reclaimed areas such as this. <br />This tree was clearly beyond the work area. The CONTRACPOR's scraper-0perator <br />unnecessarily went out of the spoil disposal azea north of Chen's Hill, into the previously- <br />reclaimed area and destroyed the tree. The CONTRACTOR is responsible under Task 1, <br />Pazagraph 2 of the Bid Invitation in that 'The CONTRACTOR shall be fully responsible <br />for any and all damage to property caused by his equipment or personnel The <br />CONTRACTOR shall ensure that the job site is restored to original or better condition and <br />that the PROJECT MANAGER accept that the work is complete." Estimated replacement <br />value of this 6 foot tree is $200.00. <br />#2 Chess Hill Ditch with nprap 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 />IMP), Dave Berry, Shawn Smith, Christine Johnston 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 <br />heavy rainstorms occurring between July 13 and July 20, 1994 either washed away or <br />covered up 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 Hill Drainage with Riprap for the production of riprap <br />and shaping of the ditch. Final ditch wnstruction is not to specifications. <br />The CONTRACTOR not is entitled to any additional money for this item. As explained <br />to CWL within the October 7, 1994 letter, "....This ditch does not meet the requirements <br />outlined in drawing #1 of the Invitation and Bid Document in that the ditch is not V shaped <br />and there is no rock lining the bottom of the ditch. The ditch has not been graded properly <br />to prevent Chen's Hill runoff from entering the Energy Fuels, Southfield Mine Pond as <br />required in Task 3, Scope of Work and Work Description. <br />22 <br />