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1 <br /> To: Pioneer Canon File,Dave Bucknam,Jim McArdle <br /> From: Bruce Stover, Project Manager <br /> Date: May 22, 2000 <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 a minor <br /> issue which developed during the final stage of the Pioneer Canon project in order to have, in his <br /> own words, "something to use against the Division" in his forth coming court suit against the <br /> Division. You should be aware that Dr. Corley is extremely frustrated, angry, and furious over <br /> other issues he is embroiled in with the Division. Our records indicate that his contention will be <br /> difficult to support. I believe we are covered, and that my decisions and actions were done with <br /> proper consent and notification. Any ambiguities are minor, and intentionally being made into a <br /> larger issue. Dr. Corley also stated to me that he felt my actions were logical for the prosecution of <br /> the work, that he wanted the work done, and had given permission for it to be done, but that he <br /> needs to use this perceived violation of procedure on my part as a bargaining chip in his battle with <br /> the Division in other matters <br /> Dr. Corley contends that he had no knowledge of our intent to use, nor gave his consent for us to <br /> use backfill materials from his property to backfill and seal subsidence holes and venting cracks <br /> which are associated with the smoldering coal fire in the Pioneer Canon aka Double Dick Mine <br /> workings. I contend that he was aware of the work that we intended to perform, was notified in <br /> advance that we were in the process of identifying the location of a backfill materials borrow area, <br /> was invited to comment or query any and all facets of the project including the source of backfill, <br /> and had, in fact, given written consent for the backfilling work to be conducted on the property. <br /> The following list is a chronological account of the pertinent events. <br /> January, 1993-I begin reviewing existing Pioneer Canon file in preparation <br /> 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 backfill <br /> materials from off site "simply a waste of <br /> money".(copy attached) <br />