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... ~~~ ~~~~~~~~~~~~~ ~~~ ~ n~~ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of NaWral Resources 1313 Sherman Sl., Room 2I5 Denver, CO 80203 Phone: (303) 866-3567 FAX:(303)832-8106 December 10, 1992 Dr. W.D. Corley, Jr. The Corley Company P.O. Box 1821 Colorado Springs, CO 80901 RE: Construction of Alternate Diversion Ditch, GEC Minerals, GEC West Pit Area, Permit No. C-81-037 .Dear Dr. Corley: ~ cow ^e~ Rb~~ ' ~a~s Roy Romer Governor Michael B. Long Division Direcbr The Division would like to propose a method by which the existing West Pit "Unnamed Drainage" diversion and culvert could be relocated from its present 1-ocation. My understanding of the issue that is the basis .for the Corley Company's lawsuit filed against Harrison Western is the concern that the disturbance created by the culvert within Energy Fuels Southfield Mine lease boundary constitutes a trespass by Harrison Western. We believe an option exists whereby the disturbance can be removed, while at the same time meeting both The Corley Company's and the Division's concerns about hydrologic continuity within the GEC West Pit area. We wish to develop a Bid Document for alternative ditch as proposed by The Western. This proposal was discussed letter to Mr. Hugh H. Sallie from The proposed some of the initial concepts design and new location. the construction of the ~orley Company to Harrison in an October 6, 1992 Corley Company, and regarding the ditch's Construction of this new diversion ditch would be handled by a third party contractor, working to fulfill a portion of the State's responsibility to reclaim the GEC Strip. We would ensure that this third party contractor obtain all necessary liability insurance indemnifying The Corley Company from project-related accidents, as requested by the Company in earlier reclamation project negotiations. Funding for this ditch realignment project would be provided from the forfeited GEC financial warranty.