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<br />#3 <br />The State failed to stake the outer limits of grading areas <br />This has caused great expense to the CWL <br />Task #2 says that the State will stake the outer limits of <br />grading where deemed necessary. <br />With regards to this Task, it is my understanding that the <br />contractor attempted to have this area staked. The only <br />written documentation to that affect was noted in a May 16, <br />1995 letter from the contractor. In my further review I could <br />neither substantiate this nor did I find anyone that would <br />deny that this request had been made. As to whether or not <br />this had any impact on the contractor has not been <br />established. In visiting the site and walking most of Chen's <br />Hill I feel that the contractor should have been able to <br />identify the boundaries without to much difficulty. This does <br />not excuse the State for not having responded to the <br />contractors request. <br />Based on what I know, I believe the State might have been <br />negligent in this matter. <br />Task #5 states that the owner will stake the outer edges for <br />the convenience of all parties. It was my understanding that <br />the fence on the east side of the Energy Fuels Mine site and <br />on the west side of the West Slope had been established as the <br />outer edge, which is a clear boundary. <br />It is my opinion that the State was not negligent in this <br />area. <br />Task #11 states that approximately 100-200 feet (see Amendment <br />#1) back from the east edge of the East Pit, as staked by the <br />State, to reduce the high wall. I am of the understanding <br />that the area east and south of the East Pit was flagged. An <br />on site visit showed evidence that the boundaries were based <br />on tree lines along the east side and along the south end <br />there was still evidence of orange markers on many of the <br />trees, which had been placed by the State. <br />Overall there appears to have been good physical landmarks <br />such as tree lines, visible areas of revegetation, drainage <br />contours and some staking or flagging provided. The issue of <br />