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STATE OF COLOMDO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> OF'LOCO <br /> Department of Natural Resources ati <br /> �e <br /> y \ 0 <br /> 1313 Sherman St.,Room 215 <br /> Denver,CO 80203 <br /> Phone:(303)866-3567 1876 <br /> FAX:(303)832-8106 <br /> Roy Romer <br /> Governor <br /> Michael B.Long <br /> Division Director <br /> December 10, 1993 <br /> T0: IM McARDLE <br /> FR :� L KRABACHER <br /> RE. COAL GULCH MACHINERY SEIZURE <br /> A meeting was held on Thursday morning, December 9, 1993 with Eldon <br /> of Don Ward Trucking, Mike Frick, Dirt-N-Iron and myself. Mike <br /> stated that he will have nothing to do with the handling of the <br /> seized items_ Mike stated that under certain circumstances, a <br /> liability exists which potentially could come back on anyone <br /> involved with the moving of the items. Although Mike has a Cat 988 <br /> front loader on-site, he requested that Don Ward Trucking take care <br /> of any handling and/or moving of the items. The items in seizure <br /> are advertised for auction in conjunction with a notification to <br /> Pennsylvania West's lawyer. Two consecutive weeks are needed for <br /> advertising. According to Eldon, the auction is planned to be held <br /> at Don Ward Trucking"s yard south of Durango_ If any item unable <br /> to be moved by Don Ward remains on-site in the way of the project <br /> work, Don Ward will be notified in advance that the item must be <br /> moved or else back charges for suspended work will apply. I "m in <br /> agreement with Mike that he should not be forced to load any item <br /> for Don Ward with or without reimbursement for time spent and that <br /> a potential exists for becoming rapped into a lawsuit at this point <br /> if something happened to the equipment which resulted in. his <br /> handling or moving operations. Eldon with Don Ward Trucking seemed <br /> very cooperative and understanding on Mikes portion. <br /> cc. M_ Frick, Dirt-N-Iron <br />