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STATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources <br /> 1313 Sherman St., Room 215 <br /> Denver,Colorado 80203 <br /> Phone:(303)866-3567 VON <br /> FAX (303)832-8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br /> Roy Romer <br /> November 8, 1996 Governor <br /> James S Lochhead <br /> Mr. Jay Wagner Executive Director <br /> Wagner Construction Michael B.Long <br /> 274 CR #3 9 Division Director <br /> Hamilton, Colorado 81638 <br /> RE: Coal Basin\Rock Dump Project (PKA-6-375) -Acreage Dispute <br /> Dear Mr. Wagner: <br /> Thank you for providing me with your notes regarding the Rock Dump, <br /> East Topsoil and Road Borrow Area measurements. Steve Renner also <br /> provided me with the notes regarding a compass and tape measurement <br /> and also a Total Station Survey of the Rock Dump which was <br /> completed by Harry Ranney of the Division. A comparison of the <br /> measurements is as follows; <br /> LOCATION WAGNER RENNER RANNEY <br /> Rock Dump\West Topsoil 629, 300 sf 493 , 473 sf <br /> 14 . 476 acres 11. 33 acres 11.73 acres <br /> East Topsoil Pile 11, 466 sf 6, 630 sf <br /> . 263 acres . 15 acres <br /> Borrow Area 124 ,448 sf 106, 936 sf <br /> 2 . 86 acres 2 . 45 acres <br /> The Division completed two measurements of the rock dump using two <br /> different methods and arrived at a figure which differed by only . 4 <br /> acres. Based upon this evidence, I will allow payment for 11. 73 <br /> acres for the Rock Dump. I have to assume that the measurements <br /> taken by Steve at the East Topsoil Pile and Borrow Area were also <br /> carefully done with a similar +\- deviation possible. I will allow <br /> payment for . 15 acres for the East Topsoil Pile and for 2 . 45 acres <br /> for the Borrow Area. <br /> If you agree with my assessment, please provide me with a final <br /> invoice for the acreage figures mentioned. Also, please submit a <br /> separate invoice for retainage, as the final settlement was <br />