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4 <br /> machine in to excavate the backfill and load their <br /> truck the following week, but that it was possible <br /> they might be able to get one sooner, possibly the <br /> next day. I told the contractor to proceed, and that I <br /> would contact them the following monday to see how <br /> things were going, and possibly final inspect the job. <br /> July 22, 1993- Thursday-I made a note to try and touch base with <br /> Dr. Corley before leaving on vacation time at mid <br /> day, but was very busy with an over -due coal <br /> review, and did not get the chance before leaving <br /> town. I did not consider the issue to be of any major <br /> significance at the time because I felt that this course <br /> of action was logical and in compliance with the <br /> project work description that Dr. Corley had already <br /> given written permission to perform. Further, based <br /> on: -the cordial and mutually cooperative nature of <br /> all my communications with him,-the fact that he had <br /> requested in writing that vents and subsidence holes <br /> be filled,-had given written permission to fill them,- <br /> had expressed a written opinion that importing <br /> backfill to the site was a waste of money,-that the <br /> area I had selected to borrow spoil material was soon <br /> to be reclaimed and would cause absolutely no <br /> additional disturbance what so ever, -that filling the <br /> holes and cracks could help to suppress the fire <br /> further and benefit his land- that I did not hear back <br /> from him with any concerns in a two day period (he <br /> never called once during the job to make an inquiry <br /> of any kind)....it never entered my mind that Dr. <br /> Corley could possibly conceive of a reason why this <br /> action would be anything but logical and expedient. <br /> July 25, 1993- Sunday-Upon returning from Vacation, I had a message from <br /> the contractor, Bill Matthews, of Golden Drilling. <br /> The message said that they had been able to get a <br /> machine and begin loading and transporting backfill <br /> last week. Dr. Corley showed up Friday the 23rd and <br /> his "feathers were ruffled" that he apparently was not <br /> aware of our plans to get the fill materials from his <br /> property. He was also upset about a scratch on his <br /> gate and a dent caused by the gate swinging into the <br /> truck or some minor mishap. The message went on <br /> to say that Bill explained what he was doing, and by <br />