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<br /> <br />iii iiiiiiiiiiiuiii <br />999 <br />AGREEMENT CONCERNING DIVERSION OF WATER INTO MAGPIE CREEK <br />This agreement modifies and replaces a previous agreement <br />between the Corley Company ("Corley") and the Division of <br />Minerals and Geology ("Division") which was entered on the <br />nineteenth day of April, 1993. This Agreement is entered into <br />this th day of 1994 between Corley and the <br />DivisionT for the purpose of d- ebbing the removal of a culvert <br />and improvement of a drainage located on property owned by <br />Corley. <br />RECITALS <br />1. This Agreement incorporates by reference the provisions <br />and recitals set forth in the Compliance Agreement Regarding <br />Harrison Western Corporation Responsibilities at the West Pit of <br />the GEC Minerals Site, Fremont County, Colorado, dated April 22, <br />1992 (Compliance Agreement); Agreement Terminating Harrison <br />Western Responsibilities at the West Pit of the GEC Minerals <br />Site, Fremont County, Colorado (Termination Agreement); and the <br />Settlement Agreement entered into between Corley and Harrison <br />Western Corporation (Harrison) in settlement of The Corley <br />Company v. Harrison Western Corporation, Case No. 92CV209 <br />(Fremont County District Court). <br />2. Pursuant to the Compliance Agreement, Harrison has <br />undertaken various work, including installing a 150-foot <br />diversion ditch and culvert below the bonded area to direct water <br />from the "Unnamed Creek" into the Magpie Diversion. Corley <br />believes that the installation of the culvert has resulted in a <br />trespass to certain Corley lands. The Division has subsequently <br />determined that removal of the culvert and installation of a <br />larger ditch will better handle storm runoff through the <br />reclaimed pit. <br />3. The landowner is unsatisfied with location of the <br />outfall of the Unnamed Creek diversion as constructed by <br />Harrison, and has filed suit against Harrison to compel removal <br />of the culvert. Corlev Co. v. Harrison Western Coro., Case No. 92 <br />CV 209 (Fremont County District Court). The landowner has <br />indicated a willingness to provide the Division with an <br />alternative outfall design and location. <br />4. The Division has determined that the actual cost of <br />completing reclamation of the area covered by the Harrison <br />performance bond will not exceed eighteen thousand five hundred <br />dollars ($18,500.00). <br />