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<br />wait until Corley, EFCI and DMG work out the details. <br />Under the Rules and Regulations, section 1.02 provides the Division <br />and the Board the authority to carry out the requirements of the <br />Rules and the Act. Can DMG use this approach to enter through <br />Southfield & across Magpie Creek Diversion? we did do something to <br />this affect for the Monarch Fan road for the East Pit Reclamation. <br />One problem with using this action, is that we are doing more than <br />just entering their property. We are hauling between 60-80 trucks <br />of rip-rap material through their active mine. We are also <br />crossing a diversion ditch constructed, and maintained by EFCI. <br />Some damage could occur to the diversion, but could be repaired by <br />Kessler. <br />I am open for any comments or suggestions regarding access to the <br />West Pit. This is one obstacle of many. We still need to <br />determine what percent of gullies repaired are correlated with <br />G.E.C and what percent are Harrison Western. Upon this <br />determination, the cost for the gully repairs will be divided among <br />the G.E.C. reclamation fund and the Harrison Western reclamation <br />fund. This inspection will be conducted during the third week of <br />April. Dr. Corley also has to sign the revised agreement that we <br />have been discussing with him for several months. Dr. Corley <br />stated that he would not sign the revised settlement agreement <br />until right of entry issues are resolved. <br />cc: Steve Renner <br />Shawn Smith <br />m:\coal\esc\gec\940413 <br />