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BRTTLE MTN. GOLD SL <br />I719-672-3363 MRR 09'93 16:30 IIIIIIIIIIIIIIIIIII <br />Poet-It" brand tax 1rarTsmittal memo 7671 ~ ~. ra... - , s99 <br />BAT'fLL• MOUNTAIN GOLD COMPANY <br />March 9, 1993 <br />Dr. Harry Posey <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Battle Mountain Resources, Inc. - San Luis Project <br />DMG Permit No. M-68-112 <br />Third Party Independent Sampling <br />Dear Dr. Posey: <br />A'iOUNWN <br />CC O t MPANy <br />Enclosed are invoices numbers 10470, 10618, and 10767 referr~.r.: ~. <br />in my February 23, 1993 letter to you. Be advised, you s~ould <br />have received copies of the invoices directly from RCG\Ha!gler, <br />Bailly, Inc, as per Article 3.2 of the Agreement for <br />Environmental Sampling Services. Please note two of the iuvcir,,as <br />exceed the 35-day billing period identified in Article 3.5 oi~ t!te <br />Agreement. This technically could expose BMRI to a potent.ir,! <br />penalty situation for payments due. BMRI felt it responsii.,~•:: r.c <br />avoid this situation by paying the outstanding invoices. w,- <br />acknowledge this issue should have been brought to your atte;:-i,>n <br />sooner; however., BMRI assumed similar invoice copies were heinc( <br />sent to the Division as per the Agreement. <br />BMRI continues to be concerned ttlat the Agreement is not I~ni::y <br />followed by the contractor and is not being properly <br />administered. With respect to the invoices, we would note r.r:aL <br />your office agreed that substantial portions of the contruct~,r'_; <br />report were beyond the agreed upon scope of work. We bel'iev~, <br />that payment for the work must be adjusted in a fair anti <br />responsible manner consistent with the Agreement. <br />Finally, as to our meeting conducted on February 19, 1993, Bt4RI <br />felt that excellent progress had been m~'e toward a const~'uctivc <br />and mutually acceptable resolution of all of the outstanding <br />third party contract issues. To this end, BMRI has alreatty <br />voluntarily implemented the agreed upon changes to the sa~lpi.ing <br />protocol during the March 4-5, 1993 bi-weekly sampling event (See <br />March 1 letter to larry Oehler). Given the constructive ~ature <br />of the discussions, BMRI was disappointed and concerned a our. ti,u <br />adversarial tone of your March e, 1993 letter. Please <br />understand, it is our desire to move forward also, but wir.i,il, the <br />agreed intent and scope of both the Memorandum of Underst.andir.q <br />and the Agreement for Environmental Sampling. <br />re F~orr o ^rom <br />co. co. <br />DePI. Phone <br />Far M fez ~ <br />I>.n. ROX 31U NAN LUIS. C(a.ORADO P1132-0310 (7i9) ti72.3362 FAX (7191672•A63 <br />