GENERAL52278 - Laserfiche WebLink

Home Browse Search

. ~ '^• III IIIIIIIIIIIIIIII • 999 DIVISION OF MINERALS AND GEOLOGY Departmcnl of Natural Resources Ill } Sherman Sl .Room 215 Dcn.-er; Colorado 80201 Phone (303) 8GG-3567 FA% 60718]?-R106 March 22, 1994 Dr. W.D. Corley The Corley Company P.O. Box 1821 Colorado Springs, CO 80901 RE: GEC West Pit Reclamation Dear Dr. Corley: STATE OF COLORADO Urb~ DEPARTMENT OI NATURAL RESOURCE` Rny Rumr~ Go~r,no~ Ken Salo a~ E.ec W irr D~~ecuv M.r ha el B Long Di~niun Direarn The Division received your March 15, 1994 letter with comments about the latest proposed addendum to the Agreement Concerning Diversion of Water into Magpie Creek. Your letter included four questions which I believe can be addressed by some clarification in the addendum. Some additional language has been added to the proposed addendum. The new language is underlined in the enclosed attachment. 1. You expressed concern that the addendum would reduce the Division's duties, as outlined in the original agreement. The addendum proposes only to change the plans for routing water through the pit area. I have added a phrase to the third paragraph in an attempt to clarify this point. By stating that the addendum does not add or waive duties or liabilities, I was trying to specify that responsibility for any commitments in the original agreement is not affected by the addendum. Your letter suggests that the "matter" of the Division's duties should be resolved prior to construction. It is not clear what this matter refers to. If this refers to your objection to the Division's $18,500 cost estimate, please be aware that, as previously discussed, and as specified in the original agreement, the Division was not to be required to spend funds other than the $18,500 from Harrison-Western on work in the West Pit. I would suggest that this matter (if it is the matter referred to in your letter) cannot be resolved prior to construction unless construction is indefinitely delayed. If your reference is to another matter, please let me know. /~-~ 2. Your letter states that a portion of the $18,500 has en ! spent. I have added a paragraph 7.d. to the addendum to acknowledge that a portion of the Harrison-Western funds were spent on gully repairs within the Harrison-Western liability area. The Division will determine an appropriate dollar figure after reviewing the extent of Kessler's repair work inside and outside of the Harrison-Western liability area later this week.