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.:. ~ • • iii iiiiuiiniuiii <br />. 999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Natural Resources ~~o'~co~~ <br />N~ <br />1 317 Sherman 51., Room 215 • ` <br />Denver, CO 80203 <br />Phone: 1707) 866-3567 ~ r°~6 <br />FAX: (3031 8728106 <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Director <br />To: Pioneer Canon File, Dave Bucknam, Jim McArdle <br />From: Bruce Stover, Project Manager <br />Date: July 28, 1993 <br />Re: Dr. Corley "Situation" as of 7/26/93, Pioneer Canon Project <br />As I described to you, Dr. Corley informed me on July 26 that he has decided to seize upon <br />a minor issue which developed during the final stage of the Pioneer Caiion project in order <br />to have, in his own words, "something to use against the Division" in his forth coming court <br />suit against the Division. You should be aware that Dr. Corley is extremely frustrated, <br />angry, and furious over other issues he is embroiled in with the Division. Our rewrds <br />indicate that his contention will be difficult to support. I believe we aze covered, and that <br />my decisions and actions were done with proper consent and notification Any ambiguities <br />are minor, and intentionally being made into a larger issue. Dr. Corley also stated to me <br />that he felt my actions were logical for the prosecution of the work, that he wanted the work <br />done, and had given permission for it to be done, but that he needs to use this perceived <br />violation of procedure on my part as a bargaining chip in his battle with the Division in <br />other matters <br />Dr. Corley contends that he had no knowledge of our intent to use, nor gave his consent for <br />us to use backfill materials from his property to backfill and seal subsidence holes and <br />venting cracks which aze associated with the smoldering coal fire in the Pioneer Canon aka <br />Double Dick Mine workings. I contend that he was aware of the work that we intended to <br />perform, was notified in advance that we were in the process of identifying the location of <br />a backfill materials borrow area, was invited to comment or query any and all facets of the <br />project including the source of backfill, and had, in fact, given written consent for the <br />backfilling work to be conducted on the property. The following list is a chronological <br />account of the pertinent events. <br />January, 1993- I begin reviewing existing Pioneer Canon file in <br />preparation for writing Bid Document. I reviewed <br />correspondence from The Corley Company dated <br />12/22/89 requesting that potential vent holes be <br />sealed, and further, that The Corley Company <br />considered a proposed OSM plan to haul in <br />