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G <br /> 5 <br /> the end of the discussion, Corley gave consent for the <br /> use of the fill materials as long as Bill paid him 25 <br /> dollars per 5yd. load. Bill said that if that was what it <br /> would take to make him happy it was not a problem, <br /> and he agreed to keep a load count and pay Dr. <br /> Corley for the backfill materials used. The message <br /> continued, saying that when Dr. Corley left, he was <br /> happy with the agreement, and "had a smile on his <br /> face". Bill said he would be continuing the <br /> backfilling work on Monday and Tuesday according <br /> to the agreement they had discussed. He suggested <br /> that everything was fine, but that I should touch base <br /> with Dr. Corley on Monday just to be sure. <br /> July 26, 1993- Monday- I checked my voice mail from the previous week. <br /> There were no messages from Dr. Corley. I called <br /> Dr. Corley about 9:00 am. I apologized for not being <br /> able to get in direct contact with him the previous <br /> week regarding updating him on our plans. I <br /> mentioned that I had left him a message on Tuesday, <br /> and he acknowledged receiving it, but was not <br /> specific about when. Corley maintained that he was <br /> not aware of our plans to use fill materials from his <br /> property and that he was upset about not being <br /> informed prior to the work being done. He stated he <br /> did not believe he had consented to this. He did <br /> confirm that he had agreed to let Bill use the <br /> materials for 25 dollars per load. He then went into a <br /> tirade of how upset and furious he has become over a <br /> series of other issues he is at loggerheads with the <br /> Coal Program over, and that he is planning on taking <br /> them to court. I explained that I had no knowledge <br /> nor interest in these unrelated issues, and asked what <br /> they had to do with the present situation, and our <br /> mutual efforts to proceed with investigation and <br /> mitigation of the fire. He stated that, unfortunately, <br /> he needed to be able to use this alleged incident of <br /> not having his prior consent to use the backfill as a <br /> bargaining chip with the Coal Program... that they <br /> were always picking on him for every little silly <br /> thing, and that he was going to use this perceived <br /> incident as a way of giving the Division a dose of its <br /> own medicine. I expressed my disappointment in his <br /> intent to use such a minor misunderstanding between <br />