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t - <br /> r � <br /> OF CQ Q <br /> 9 <br /> 0 <br /> 1876 <br /> STATE OF COLORADO STATE SERVICES BUILDING <br /> GALE A.NORTON 1525 Sherman Street - 5th Floor <br /> Attorney General DEPARTMENT OF LAW Denver, Colorado 80203 <br /> Phone (303) 866-4500 <br /> STEPHEN K. ERKENBRACx FAX (303) 866-5691 <br /> Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL <br /> TIMOTHY M- TYMKOVICH <br /> Solicitor General <br /> August 5 , 1994 <br /> Dr . W . D . Corley <br /> The Corley Company <br /> P .O . Box 1821 <br /> Colorado Springs , CO 80901 <br /> RE: GEC West Pit Reclamation Work <br /> Dear Dr . Corley : <br /> Because of the unsuccessful attempts by the Division of Minerals <br /> and Geology ( DMG) to reach an agreement with you regarding re- <br /> ruction in the West Pit area , this <br /> vised plans for drainage const <br /> matter has been referred to this office for further action . <br /> DMG entered into agreements with Harrison Western Corporation and <br /> The Corley Company in April , 1993 with the intention of improving <br /> the drainage system in the reclaimed West Pit . My understanding <br /> from discussions with DMG--rep r-i�sentativQs is that Paragraph 7 of. <br /> -- the- April -19-;--199-3 "Agr-Bement---concerning - Diversion -of Water -into - <br /> Magpie Creek between the Corley Company and DMG" (Agreement ) in- <br /> cluded a diversion concept initially suggested by you and later <br /> redesigned by DMG representatives . This diversion and design has <br /> been determined both by you and DMG representatives to be possi- <br /> bly inadequate for long-term stability . <br /> Subsequently , DMG revised the proposed drainage plates in an at- <br /> tempt to ensure a more stable drainage configuration and in con- <br /> sideration of the construction bid which was accepted for the <br /> West pit reclamation project . This course of action was pursued <br /> partially on the understanding that The Corley Company agreed the <br /> revised drainage plans were preferable to those in the original <br /> agreement . <br /> In fact , 1 understand that you vcL'b6l l y agreed w i Lli t.hc: <br /> redesigned drainage plans in a December 21 , 1993 InCc-r- i ny wi Lll DMG <br /> representatives . However , you have continued to decliir to Cnter <br /> an "Addendum to Lite Agreement" for rcdSonS other than any disa- <br /> greement over the redesigned drainage plans . <br />