Laserfiche WebLink
proactive approach, TMC shall complete an engineering analysis predicting <br />subsidence impacts to the Energy Spur and shall prepare plans, methods, procedures <br />and techniques to mediate such predicted subsidence impacts ("Mediation Plans"), <br />and TMC shall provide Railroad's Engineering Department representative: (i) a copy <br />of the Mediation Plans for Railroad's review and approval (which approval shall not <br />be unreasonably withheld, conditioned or delayed) and (ii) a written notice setting <br />forth the estimated date of commencement of TMC's planned undermining of a <br />particular section of the Project Area covered by such Mediation Plans and the <br />predicted subsidence impacts in connection with such undermining. The Mediation <br />Plans and written notice required hereunder in connection with the undermining of a <br />particular portion of the Project Area shall be delivered by TMC to Railroad at least <br />six (6) months before TMC's estimated date of commencement of such undermining. <br />Following Railroad's receipt of such written notice and Mediation Plans, TMC and <br />Railroad shall work cooperatively to prepare for any such subsidence event and shall <br />exchange regular communication in connection therewith, including without <br />limitation, communicating any delays or changes in the contemplated schedule or <br />plans. <br />b. TMC shall provide surveyor(s), as required and at no expense to Railroad, to survey <br />the section of the Energy Spur to be undermined and subsided during the Term; <br />c. Intentionally deleted; <br />d. TMC shall provide copies of dally survey data, which data reflects the agreed upon <br />monitoring plan dated May 1, 2015, of the track and shoulders to the Railroad's <br />Engineering/MOW Representative on a daily basis to assist in determining the <br />appropriate amount of track maintenance; <br />e. TMC shall have Railroad approved shoulder fill stockpiled in sufficient quantities at <br />agreed upon stockpile locations and, if necessary, will provide all necessary <br />equipment to load such fill into Railroad's cars at no expense to Railroad. Railroad <br />will provide ballast to use in resurfacing the track; <br />f. TMC shall perform all subsurface work required by the Project, including without <br />limitation, civil construction work associated with subgrade/ shoulder fill work and <br />work associated with utility relocations, culvert extensions, drainage structures and <br />drainage mitigation activities for its mine and/or in connection with the Project. For <br />avoidance of doubt, any drainage mitigation work to be performed by TMC shall <br />include any and all drainage mitigation activities for Fish Creek and/or Foidel Creek <br />required in connection with the Project; <br />g. Railroad shall provide the appropriate railroad related equipment and labor as <br />necessary for any protective/ corrective work, spiking and anchoring the track, tie <br />work/ replacement, raising the track with ballast, stabilizing the track section and any <br />additional aligning, re -leveling, surfacing or other work relating to the subsided <br />segments of the Energy Spur track to maintain the track in service so as to minimize <br />4 <br />Subsidence Agreement TMC -UP <br />DEC -1781676-9 <br />