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<br />r <br />On August 19th HWC representatives went to the site and installed a 15 <br />ft. length of culvert in an effort to extend the outfall past any <br />possible area where water could enter into the underground working. <br />The area directly below the culvert was reinforced and stabilized with <br />concrete and the area was hand backfilled as much as possible. <br />The next visit was on August 26, 1992 which included HWC <br />representatives and MLRD representatives. This visit was arranged so <br />that the Senior MLRD personnel could see the situation first hand and <br />also to review the situation with the Diversion Ditch. It was <br />determined that the placement and location of the ditch and culvert <br />was correct. (see MLRD letter of September 15, 1992) <br />It was also noted that due to the severe rains which caused extensive <br />runoff from the unnamed creek and the stockpile #2 area that the pond <br />was full of sediment and that it must be dredged. While it was agreed <br />that the work was to begin as soon as possible, this work could not <br />take place until the entire area dried up in order that equipment <br />could be moved on to the site. <br />HWC was served with notice on September 28, 1992 that the land holder, <br />Dr. Corley, had filed a law suit on September 4, 1992 in Fremont <br />County in regard to the Diversion Ditch culvert. The law suit demands <br />that HWC be ordered to remove the culvert and restore the Magpie creek <br />embankment to its original site prior to the culvert installation. <br />A meeting was held in the HWC Offices on September 18, 1992 with an <br />MLRD representative to review the compliance agreement of April 22, <br />1992 and to clarify the required work which must be completed. The <br />work was detailed, including the work required on the Diversion Ditch <br />culvert. <br />HWC has not yet scheduled any further work due to the situation with <br />the law suit filed by Dr. Corley and pending clarification of MLRD's <br />position about Diversion Ditch. <br />HWC has consistently demonstrated good faith in its efforts to comply <br />with the April 22, 1992 agreement and will continue to do so. However <br />our actions are being affected by both the problems with the Diversion <br />Ditch and Culvert and the extreme weather conditions. Nevertheless, <br />it is our intention to continue to work closely with the MLRD to <br />resolve the remaining issues on a timely basis. <br />ards, <br />Ro ~I. 1'W'lliams <br />Vice President <br />RW10-011/AF <br />