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To the extent that the Division is not carrying out the approved plan, then <br /> the consent of the property owner cannot be assumed, and in this case has <br /> not been given. <br /> The case in point is that installation of a 3,500' long ditch of 10-20' width <br /> does impact the use of Mid-Continent's property. So does the removal and <br /> haulage of more than 4,000 yds3 of rock. <br /> III. Poor Timing. <br /> Normal weather conditions at Coal Basin during October and November include <br /> days of rain and snowfall. The tight time frame specified for the work involved <br /> does not seem to contemplate the possibility of wet, muddy conditions. <br /> DMG BID DOCUMENT <br /> The project is scheduled with a start date of October 11, 1994. <br /> The project is scheduled for construction between October 11, 1994 and <br /> November 24, 1994. <br /> The time of completion allowed for the project is 45 calendar days after receipt <br /> of the Notice to Proceed. <br /> Page 2. <br /> However, DMG's own inspection reports for the past several years give a good <br /> indication of the weather conditions which usually occur at Coal Basin during <br /> this time of the year: <br /> DMG Report of 10/31/89. <br /> The inspection continued on the morning of November 1. About 4 inches of <br /> snow had fallen overnight....Nearly all of the refuse pile had several inches of <br /> snow at the time of the inspection....In the Sutey pile area the inlet to the series <br /> of two sediment ponds was functioning well but requires cleaning. The upper <br /> pond of this series is scheduled for cleaning when weather conditions permit. <br /> The pile was effectively draining snowmelt which was occurring at the time. <br /> DMG Report of 10/30/90. <br /> The weather was clear during the days although 0.11"of precipitation fell during <br /> the night of Oct. 16 in the form of snow. Snowme/t from this storm occurred <br /> during the next 2 days but ground conditions were mostly dry. <br /> DMG Report of 10/29/91. <br /> ... It was snowing and raining during the inspection. <br /> DMG Report of 11/2/92. <br /> MCR Objections/DMG Bid <br /> Page 10 <br />