2000-05-24_GENERAL DOCUMENTS - C1981037 (2)

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Dr . W. D . Corley Page 2 During the past several months , the Division has attempted to an- swer and/or resolve a number of questions and concerns raised by The Corley Company in regard to reclamation of both the East and - West --Pits . While a number of these concerns- may not- have- been --- resolved to the complete satisfaction of The Corley Company, DMG sees no reason for the West Pit work to be further postponed pending your remaining concerns which are in regard to the re- cently completed East Pit reclamation project . The West Pit work has already been delayed over a year since the contract for the work was awarded . Paragraph 11 of the Agreement states the following : "This agreement shall not be construed to impose any additional duties or liabilities on the Division , or to be a waiver of sovereign or governmental immunity. The Division ' s duties and obligations are as defined by the Colorado .Surface Coal Mining Reclamation Act , Sections 34-33-101 through 137 , C.R. S . ( 1984 & 1992 Supp. ) and other applicable law. " Pursuant to this reservation of authority and the authority granted the Division under 34-33-105 , C.R. S . ( 1984 & 1993 Supp. ) "over all persons and property, public and private , necessary to enforce the provisions of this article , " in order to fulfill its statutory obligations under the Colorado Surface Coal Mining Rec- lamation Act , to honor the intent of both parties by reforming the design descriptions in Paragraph- 7 of, -t,he .-Agr-eement ; and to complete its contractual obligations-- to . Kessler Reclamation;:--the - Division is instructing Kessler Reclamation to proceed with the West Pit project , as outlined in the field directive amending the original bid specifications . A DMG representative will contact you prior to the commencement of Kessler Reclamation ' s work on the West Pit . If you have any questions about DMG ' s final plans for reclamation of the West Pit , please contact Larry Routten at ( 303 ) 866-3567 . Sincere Stephen M. Brown Assistant Attorney General Natural Resources Section